2. The Ethics Guy Digging Out of Ethical Quagmires John Cardoza VCDCSS john.cardoza@ventura.org

3. BAFFLED IN

4. Baffled in the Bay Area ■Summary ✷ Managing Attorney established Confidentiality Policy ✷ Includes signed acknowledgement ✷ New hire (Casey) isn’t trained on policy despite Attorney’s request ✷ Casey runs amok on CSE –checking out her boyfriend’s bona fides

5. Baffled in the Bay Area ■Summary (Continued) ✷ Casey confronts boyfriend (Ned) with information & ✷ Notifies WCAB of Ned’s alleged WCAB fraud. ✷ Ned sues LCSA and cops investigate Casey for misdemeanor violation of § 17212

6. Baffled in the Bay Area ■Summary (Continued) ✷ Attorney is concerned with his responsibility for this debacle and whether he can provide info to police for alleged crime

7. Baffled in the Bay Area ■ Takeaways: ✷ There are no absolute answers; facts and circumstances change. ✷ California is in the process of adopting new rules of professional conduct modeled on the ABA Model Rules. ✷ These Proposed Rules (PR) include a definition of “law firm” that includes “lawyers employed…in the legal department, division of office of a government organization” PR 1.0.1 (c).

8. Baffled in the Bay Area ■Takeaways (Continued) ✷ The PR (5.3 (c)) could arguably make the Managing Attorney responsible; the current Rules of Professional Conduct (CRPC) are not as clear, but seem to as well. ✷ Because of § 17212(e), can information about the criminal access & release of information be disseminated to law enforcement?... ✷ Maybe…

9. Baffled in the Bay Area ■Rules and Law ■PR 5.3 ✷ With respect to a nonlawyer employed or retained by or associated with a lawyer: ✷ (a) a partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm…

10. Baffled in the Bay Area ■PR 5.3 (Continued) ✷ has in effect measures giving reasonable assurance that the nonlawyer’s conduct is compatible with the professional obligations of the lawyer;

11. Baffled in The Bay Area ■PR 5.3 (Continued) ✷ (b) a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer; and…

12. Baffled in the Bay Area ■PR 5.3 (Continued) ✷ a lawyer shall be responsible for conduct of such a person that would be a violation of these Rules or the State Bar Act if engaged in by a lawyer if: The lawyer has [managerial authority or direct supervision] and [knows] of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

13. Baffled in the Bay Area ■PR 5.3-- Comment 2: ✷ Paragraph (a) requires lawyers with managerial authority within a law firm to make reasonable efforts to establish internal policies and procedures designed to provide reasonable assurance that non- lawyers in the firm will act in a way compatible with the Rules of Professional Conduct...

14. Baffled in the Bay Area ■And remember — an LCSA is a “law firm” as defined in PR 1.0.1(c)

15. Baffled in the Bay Area ■CRPC 3-110-- Failing to Act Competently ✷ (A) A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence. ✷ (B) For purposes of this rule, "competence" in any legal service shall mean to apply the 1) diligence, 2) learning and skill, and 3) mental, emotional, and physical ability reasonably necessary for the performance of such service.

16. Baffled in the Bay Area ■CRPC 3-110 (Continued) ■(C) If a member does not have sufficient learning and skill when the legal service is undertaken, the member may nonetheless perform such services competently by 1) associating with or, where appropriate, professionally consulting another lawyer reasonably believed to be competent, or 2) by acquiring sufficient learning and skill before performance is required.

17. Baffled in the Bay Area ■Comment to CRPC 3-110: ✷ Discussion: The duties set forth in rule 3-110 include the duty to supervise the work of subordinate attorney and non-attorney employees or agents. ✷ Query: Does failing to make sure Casey was trained a failure to act competently?

18. Baffled in the Bay Area ■Can “Baffled” provide the police with information about the confidentiality violations? ✷ Not must he? ✷ Or should he? He has a duty to maintain confidentiality under §17212 and PR and CRPC and…

19. Baffled by the Bay Area ■B&P § 6068 ✷ It is the duty of an attorney to do all of the following: ✷ (a) To support the Constitution and laws of the United States and of this state. ✷ (b) To maintain the respect due to the courts of justice and judicial officers. ✷ (c) To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense

20. Baffled by the Bay Area ■§ 6068 Continued: ✷ (d) To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law. ✷ (e) (1) To maintain inviolate the confidence, and at every peril to himself or herself to preserve the secrets, of his or her client.

21. Do the Right Thing ■Suppose Your Director says “We need to give credibility to the confidentiality requirements, I want to release the Info.” ■Can you? ■Maybe…

22. Baffled in the Bay Area ■Family Code § 17212: ✷ (a) It is the intent of the Legislature to protect individual rights of privacy, and to facilitate and enhance the effectiveness of the child and spousal support enforcement program, by ensuring the confidentiality of support enforcement…records.

23. Baffled in the Bay Area ■§ 17212(c) Disclosure of the information described in subdivision (b) is authorized as follows: ✷ (1) All files, applications, papers, documents, and records as described in subdivision (b) shall be available and may be used by a public entity for all administrative, civil, or criminal investigations, actions, proceedings, or prosecutions conducted in connection with the administration of the child and spousal support enforcement program

24. Baffled in the Bay Area ■ § 17212 (e) ✷ Any person who willfully, knowingly, and intentionally violates this section is guilty of a misdemeanor.

25. "I leave this rule when I am dead. Be sure you are right, then Go Ahead."

26. Do the Right Thing

27. ■Summary ✷ LCSA serves Writ on NP’s inheritance on behalf of another state. ✷ The inheritance pays off the arrears. ✷ Back in CP’s home state, CP and DCSS file a motion to collect interest on the already paid arrears, obtain an order and send to you to attach more inheritance money. ✷ Minute order indicates that DCSS attorney did not introduce fact that balance had been paid (although he knew).

28. Do the Right Thing ■Summary (continued): ✷ Other state’s law appears to preclude interest on an already satisfied balance. ✷ LCSA Attorney doesn’t want to register order—is fraudulently obtained ✷ Other state, his boss pull the “full faith and credit card.” Register or else.

29. Do the Right Thing ■Takeaways ✷ Under both the PR and the CRPC, attorneys aren’t supposed to provide false or fraudulent evidence to a court. But… ✷ You might have legal alternatives to insubordination. Also… ✷ Make sure you have all of your facts & legal analysis at hand before you do anything heroic. ✷ If you really feel that an act violates the CRPC in a manner that’s a violation of the law, you have the option to resign.

30. Do the Right Thing ■PR 1.0.1(d) ✷ “Fraud” or “fraudulent” means conduct that is fraudulent under the law of the applicable jurisdiction and has a purpose to deceive. ✷ [comment] When used in these Rules, the terms “fraud” or “fraudulent” refer to conduct that is characterized as such under the law of the applicable jurisdiction and has a purpose to deceive.

31. Do the Right Thing ■So, Did Attorney Doit engage in fraudulent conduct by not (allegedly) informing the court that the balance had been paid off? ■Can Dudley ethically refuse to register the order ■In California…

32. Do the Right Thing ■CPRC 5-200. Trial Conduct In presenting a matter to a tribunal, a member: ✷ (A) Shall employ, for the purpose of maintaining the causes confided to the member such means only as are consistent with truth; ✷ (B) Shall not seek to mislead the judge, judicial officer, or jury by an artifice or false statement of fact or law; ✷ (C) Shall not intentionally misquote to a tribunal the language of a book, statute, or decision;…

33. Do the Right Thing (D) Shall not, knowing its invalidity, cite as authority a decision that has been overruled or a statute that has been repealed or declared unconstitutional; and (E) Shall not assert personal knowledge of the facts at issue, except when testifying as a witness.

34. Do the Right Thing ■PR 3.3 (candor toward Tribunal): ■ (a)A lawyer shall not knowingly: ✷ (1)make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer; ✷ (2) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel;

35. Do the Right Thing ✷ (3) offer evidence that the lawyer knows to be false. If a lawyer, the lawyer’s client, or a witness called by the lawyer, has offered material evidence, and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal.

36. Do the Right Thing ■Comment [2]: ✷ This Rule sets forth the special duties of lawyers as officers of the court to avoid conduct that undermines the integrity of the adjudicative process. A lawyer acting as an advocate in an adjudicative proceeding has an obligation to present the client’s case with persuasive force...

37. Do the Right Thing Comment [2] Continued ✷ However, although a lawyer in an adversary proceeding is not required to present an impartial exposition of the law or to vouch for the evidence submitted in a cause, the lawyer must not make false statements of law or fact or present evidence that the lawyer knows to be false.

38. Do the Right Thing ■Remember B&P Code § 6068 ✷ It is the duty of an attorney to do all of the following: ✷ (d) To employ, for the purpose of maintaining the causes confided to him or her those means only as are consistent with truth, and never to seek to mislead the judge or any judicial officer by an artifice or false statement of fact or law.

39. Do the Right Thing ■PR 3.3 Comment [5] ✷ Paragraph (a)(3) requires that the lawyer refuse to offer evidence that the lawyer knows to be false, regardless of the client’s wishes. A lawyer does not violate this Rule if the lawyer offers the evidence for the purpose of establishing its falsity. ✷ But please note…..

40. Do the Right Thing ■PR 3.3 Comment [8] ✷ The prohibition against offering false evidence only applies if the lawyer knows that the evidence is false. A lawyer’s reasonable belief that evidence is false does not preclude its presentation to the trier of fact. ✷ A lawyer’s knowledge that evidence is false, however, can be inferred from the circumstances.

41. Do the Right Thing ■Family Code § 4953: ✷ (a) A party contesting the validity or enforcement of a registered order or seeking to vacate the registration has the burden of proving one or more of the following defenses: ✷ (1) The issuing tribunal lacked personal jurisdiction over the contesting party. ✷ (2) The order was obtained by fraud… ✷ (6) Full or partial payment has been made. (Registration different form confirmation)

42. Do the Right Thing ■If you found that there aren’t legal or factual alternatives to introducing fraudulently evidence or fraudulently obtained orders and you feel the introduction is a serious ethical violation (and you are ordered to proceed by your superior); look at CRPC 3-600 (Organization as a client)

43. Do the Right Thing ■CRPC 3-600 ✷ (A) In representing an organization, a member shall conform his or her representation to the concept that the client is the organization itself, acting through its highest authorized officer, employee, body, or constituent overseeing the particular engagement. ✷ (B) If a member acting on behalf of an organization knows that an actual or apparent agent of the organization acts or intends or refuses to act in a manner that is or may be a violation of law reasonably imputable to the

44. Do the Right Thing ■CRPC 3-600 (Continued) ✷ Organization…the member shall not violate his or her duty of protecting all confidential information as provided in Business and Professions Code § 6068, subdivision (e). Subject to [§ 6068(e)]… the member may take such actions as appear to the member to be in the best lawful interest of the organization. Such actions may include among others: ✷ Urging reconsideration of the matter… ✷ Referring the matter to the next higher authority in the organization…

45. Do the Right Thing ■CRPC 3-600 (Continued) ✷ (C) If, despite the member's actions in accordance with paragraph (B), the highest authority that can act on behalf of the organization insists upon action or a refusal to act that is a violation of law and is likely to result in substantial injury to the organization, the member's response is limited to the member's right, and, where appropriate, duty to resign in accordance with rule 3-700.

46. Do the Right Thing ■So why do we have Crockett on before the title page? (the Backstory).

47. Vexed in the Valley

48. ■Summary ✷ LCSA Attorneys engage in sophomoric ethnic & sexist banter in public portions of the court house. ✷ Another LCSA attorney is engaging in a one man “send ‘em back to where they came from” movement by obtaining higher than appropriate support orders. ✷ Victoria expresses her concern about the behaviors to the managing attorney. ✷ If there are ethical violations, who reports in California?

49. Vexed in the Valley ■Takeaways: ✷ Although “ethnic/sexist” jokes in the hallway violate the California Bar’s suggested “Guidelines of Civility”, they do not violate the PR or the CRPC. ✷ Under the PR an attorney may not unlawfully or knowingly discriminate against some on the basis of race, national origin, sex, gender, sexual orientation, religion, age or disability. There does not appear to be an analog in the CRPC.

50. Vexed in the Valley ■Takeaways (Continued) ✷ The current rules do not preclude an attorney reporting another for misconduct but…, ✷ Although the ABA model rules require attorneys to report other attorneys who commit ethical misconduct, the California version of the PR omitted this, meaning that California attorneys are still obligated to report themselves under B&P § 6068 (o).

51. Vexed in the Valley ■Rule 8.4 Misconduct ✷ It is professional misconduct for a lawyer to: ✷ (d) engage in conduct in connection with the practice of law, including when acting in propria persona, that is prejudicial to the administration of justice; ✷ (To make sense of this, see comment [3]).

52. Vexed in the Valley ■ PR 8.4 (d) Comment [3]: ✷ A lawyer who, in the course of representing a client, knowingly manifests by words or conduct, bias or prejudice based upon race, sex, religion, national origin, disability, age or sexual orientation, violates paragraph (d) when such actions are prejudicial to the administration of justice. ✷ Wilber, Juan and Joan’s goofing isn’t in the course of representing a client; Pete’s is.

53. Vexed in the Valley ■But, just because Wilber et al are not committing misconduct in their behavior, doesn’t mean it’s OK. ■The California Attorney Guidelines of Civility and Professionalism were drafted and approved in 2007. ✷ Recommended, not required course of behaviors that address Wilber, Juan and Joan’s action in this manner:

54. Vexed in the Valley ■COMMUNICATIONS ✷ An attorney’s communications about the legal system should at all times reflect civility, professional integrity, personal dignity, and respect for the legal system. An attorney should not engage in conduct that is unbecoming a member of the Bar and an officer of the court. ✷ For example, in communications about the legal system and with adversaries:

55. Vexed in the Valley ■Communications (Continued): ✷ (d) Respecting cultural diversity, an attorney should not disparage another’s personal characteristics.

56. Vexed in the Valley So who reports Pete’s (mis)conduct?

57. Vexed in the Valley ■Maintaining The Integrity Of The Profession ABA Model Rule 8.3 Reporting Professional Misconduct ✷ (a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer in other respects, shall inform the appropriate professional authority. ✷ California did not include this Rule in the PRs.

58. Vexed in the Valley ■Business and Profession Code § 6068 ✷ It is the duty of an attorney to do all of the following: ✷ (a) To support the Constitution and laws of the United States and of this state. … ✷ (o) To report to the agency charged with attorney discipline, in writing, within 30 days of the time the attorney has knowledge of any of the following: [a list of equivalents to a judicial or administrative finding of misconduct]

59. Vexed in the Valley ■As a Government Agency an LCSA and it’s employees are subject to legal requirements forbidding discrimination based on race, national origin, sex, sexual orientation, religion, age or disability as martial status & protected activities. ✷ Title IV of the Civil Rights Act ✷ ADA ✷ § 504 of the Rehabilitation Act ✷ California Fair Housing and Employment Act ✷ So an LCSA attorney could be more vulnerable than one in private practice (on this issue).

60. BEWILDERED & BOTHERED ON

61. Publius

62. Bothered and Bewildered on the Beach ■Summary: ✷ LCSA Attorney Grace a serial blogger & legal commentator “wanna be” assigned contentious “High Profile“ case. ✷ The Local legal community is a close one where virtually everyone knows each other’s business and cases. ✷ Virtually every attorney is a Facebook friend to each other, including Commissioner's spouse.. ✷ After some adverse rulings, Grace posts generic comments about her case, without directly referencing it by name.

63. Bothered and Bewildered on the Beach ■Summary (Continued) ✷ Commenting on Grace’s Facebook post, Grace’s Facebook friend Publius pens scathing commentary about the trial, excoriating and ridiculing the judge’s rulings and reasoning. ✷ Grace allows Publius’ comments to remain on her page. ✷ Commissioner ”discovers” the Facebook page; orders the comments deleted and holds managing attorney responsible for insuring it occurs. ✷ Publius is an LCSA attorney

64. Bothered and Bewildered on the Beach ■Takeaways: ✷ The CRPC, PR and B&P § 6068 place a duty upon attorneys to maintain the dignity of the courts and to refrain from trial publicity that might impact the fair resolution of cases. ✷ The PR go a step further and require attorneys from the same firm or government agency to refrain from comment as well. ✷ As such, an attorney with managing responsibility may have to muzzle the phantom blogger.

65. Bothered and Bewildered on the Beach ■B&P § 6068(b) ✷ It is the duty of an attorney to do all of the following: ✷ (b) To maintain the respect due to the courts of justice and judicial officers.

66. Bothered and Bewildered on the Beach ■CRPC 5-120 ✷ (A) A member who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that a reasonable person would expect to be disseminated by means of public communication if the member knows or reasonably should know that it will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

67. Bothered and Bewildered on the Beach ■CRPC 5-120 ✷ Discussion: “Paragraph (A) is intended to apply to statements made by or on behalf of the member.” Is Publius speaking on behalf of Grace?

68. Bothered and Bewildered on the Beach ■ PR 3.6 Trial Publicity ✷ (a) A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will (i) be disseminated by means of public communication and (ii) have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

69. Bothered and Bewildered on the Beach ■PR 3.6 (Continued) ✷ (d) No lawyer associated in a law firm or government agency with a lawyer subject to paragraph (a) shall make a statement prohibited by paragraph (a). ✷ [Note– the statement doesn’t have to be on behalf of the attorney]

70. Bothered and Bewildered on the Beach ■Silencing Publius ■Rule 5.1 Responsibilities of Partners, Managers, and Supervisory Lawyers ✷ (a) A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm comply with these Rules and the State Bar Act.

71. Bothered and Bewildered on the Beach ■PR 5.1 (Continued): ✷ (b) A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer complies with these Rules and the State Bar Act.

72. Bothered and Bewildered on the Beach ■PR 5.1 (continued): ✷ (c) A lawyer shall be responsible for another lawyer’s violation of these Rules and the State Bar Act if: (1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or…

73. Bothered and Bewildered on the Beach ■PR 5.1 (continued): (2) the lawyer is a partner, or [has] comparable managerial authority, in the law firm in which the other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.

74. Bothered and Bewildered on the Beach ■The Current CRPC is not as clear on the range of managing attorney responsibility… ■CRPC 3-110— ✷ Rule 3-110 Failing to Act Competently (A) A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence. ✷ [Discussion]: The duties set forth in rule 3-110 include the duty to supervise the work of subordinate attorney and non-attorney employees or agents.

75. Confused and Concerned in

76. Confused and Concerned in Coastal California ■Summary ✷ California has valid child support judgment and CEJ– dad (NP) still lives here ✷ Dad tries to modify the CA order in state “A” where no one lives (although mom once applied for IVD services there). ✷ The sitting Magistrate in State A, apparently thinking UIFSA is a sandwich spread, makes a temporary order modifying support, ordering mom to appear for further hearing. ✷ Mom’s legal aid attorney who appears to be

77. Confused and Concerned in Coastal California ■Summary (Continued) ✷ from the same law school as the magistrate, presses Mom to accept the courts ruling as permanent, saying she has “no defense.” ✷ Mom contacts the California LCSA enforcing her case, asking what to do. ✷ CA LCSA Attorney Caroline contacts Lola, the local IVD attorney in State A and asks her to appear at the next hearing. ✷ Lola says she will “take care of it.”

78. ■Summary (Continued) ✷ Lola calls Caroline and informs her that she visited the magistrate and explained interstate jurisdiction to her. ✷ She adds that as long as mom references California’s “Continuing Exclusive Jurisdiction” during the hearing that everything will be ok. ✷ Caroline calls mom and discusses her upcoming state A hearing. Confused and Concerned in Coastal California

79. ■Takeaways: ✷ Both the PR and the CRPC address the issue of ex parte communication with a court. ✷ But, under the PR, it is possible that Caroline could vicariously engage in Ex Parte Communication depending on her behavior after she found out. ✷ Under both the PR and the CRPC, attorneys owe a duty of competence to their clients. Excess or overwhelming workload is not a defense. Confused and Concerned in Coastal California

80. ■Mom’s attorney owed her a duty of competence. ■CRPC 3-110 Failing to Act Competently ✷ (A) A member shall not intentionally, recklessly, or repeatedly fail to perform legal services with competence. ✷ (B) For purposes of this rule, "competence" in any legal service shall mean to apply the 1) diligence, 2) learning and skill, and 3) mental, emotional, and physical ability reasonably necessary. Confused and Concerned in Coastal California

81. ■CRPC 3-110 (Continued) ✷ (C) If a member does not have sufficient learning and skill when the legal service is undertaken, the member may nonetheless perform such services competently by 1) associating with or, where appropriate, professionally consulting another lawyer reasonably believed to be competent, or 2) by acquiring sufficient learning and skill before performance is required. Confused and Concerned in Coastal California

82. ■PR Rule 1.1 ■PR Rule 1.1 is almost identical except it adds this sentence to (C): ✷ (C) If a lawyer does not have sufficient learning and skill when the legal services are undertaken, the lawyer may nonetheless provide competent representation by… 3) referring the matter to another lawyer whom the lawyer reasonably believes to be competent.

83. Confused and Concerned in Coastal California ■PR 1.1 [Comment 3] ✷ It is a violation of this Rule if a lawyer accepts employment or continues representation in a matter as to which the lawyer knows or reasonably should know that the lawyer does not have, or will not acquire before performance is required, sufficient time, resources, and ability to perform the legal services with competence. ✷ But…

84. Confused and Concerned in Coastal California ■PR 1.1 [Comment 6] ✷ This Rule does not apply to a single act of negligent conduct or a single mistake in a particular matter.

85. Confused and Concerned in Coastal California ■ABA Model Rule 1.3 Client-Lawyer Relationship ■Diligence ✷ A lawyer shall act with reasonable diligence and promptness in representing a client. ✷ [Comment 1]… “A lawyer should pursue a matter on behalf of a client despite opposition, obstruction or personal inconvenience to the lawyer, and take whatever lawful and ethical measures are required to vindicate a client’s cause or endeavor.”

86. Confused and Concerned in Coastal California ■ABA Model Rule 1.3 Client-Lawyer Relationship ■Diligence (continued) ✷ [Comment 2] …a lawyer must control workload so he can handle each matter competently. (California did not adopt Model Rule1.3)

87. ■PR 3.5 ✷ b) Unless authorized to do so by law, the Code of Judicial Ethics, a ruling of a tribunal, or a court order, a lawyer* shall not directly or indirectly communicate with or argue to a judge or judicial officer upon the merits of a contested matter pending before the judge or judicial officer, except: (1) in open court; (2) with the consent of all other counsel in the matter. (note there is no requirement that lawyer is part of the case) Confused and Concerned in Coastal California

88. ■PR 3.5 (Continued) ✷ (3) in the presence of all other counsel in the matter; ✷ (4) in writing with a copy thereof furnished promptly to all other counsel; or ✷ (5) in ex parte matters as permitted by law. Confused and Concerned in Coastal California

89. ■PR Rule 5.1 Rule 5.1 Responsibilities of Partners, Managers, and Supervisory Lawyers ✷ (c) A lawyer shall be responsible for another lawyer’s violation of these Rules and the State Bar Act if: (1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; (Your saying to yourself, “Caroline doesn’t supervise Lola) Confused and Concerned in Coastal California

90. ■PR 5.1 [Comment 11] ✷ [11] Paragraph (c)(1) applies to any lawyer who orders or knowingly ratifies another lawyer’s conduct that violates these Rules and the State Bar Act. ✷ No definition of “ratify” in the PR—Black’s Law Dictionary “Ratification: Confirmation and acceptance of a previous act, thereby making the act valid from the moment it was done. ✷ So if Caroline tells mom “say the magic words” is she ratifying Lola’s conduct?

91. THANK YOU Questions? And a Request… Ideas.. Wayne_Doss@cssd.lacounty.gov john.cardoza@ventura.org