By David C. Carr
Legal ethics for the practitioner is often about drawing lines. Often, it is not clear where the line should be drawn. The California Rules of Professional Conduct[1] and the statutes in the Business and Professions Code often seem clear when read in a vacuum, but not so clear when a lawyer must apply them in practice. Many published decisions from the California Courts of Appeal and the Review Department of the State Bar Court are valuable in the exercise of drawing the fine lines between what is ethically permissible and what is not.
Dear Counsel,
February asks us to love. It’s all around us, almost obnoxiously. Roses everywhere, balloons filling up stores. It’s a great reminder for us to show love to those in our lives. But in this profession where we’re called to critique, advise, and protect, no one really harps on what’s also just as important: loving yourself.
This topic will not go away: misuse of generative AI producing hallucinated case citations and quotations. As of early February 2026, there have been more than 600 judicial decisions across the United States in which judges have criticized, sanctioned—including some hefty monetary sanctions—and in some instances, referred lawyers to relevant disciplinary authority. California has contributed more than its fair share to that total.
Hello SDCBA New Lawyer Division,
I know many of you – but for those I have not yet met – my name is Robert Shawhan, and I am the new Vice Chair of the San Diego County Bar Association New Lawyer Division. I am excited to serve another year on the Board and look forward to supporting you through programming, networking opportunities, and other resources that help foster a tighter-knit legal community. Last year, I was proud to help organize many of our events, including the Gulls Hockey Game Watch, the Summer Soiree, the Beach & Bonfire Networking Meetup, and the 4th Annual Naughty & Nice Sweater Holiday Party, where we collected blankets and clothing for people who are homeless through the local agency PATH.
When I think about how I became a lawyer, I don’t picture a classroom or a courtroom.
By Anne M. Rudolph
Rule of Professional Conduct 8.3, titled “Reporting Professional Misconduct,” went into effect on August 1, 2023, making California the last state to implement a version of this rule. Referred to by many as the “rat rule” or “snitch rule,” rule 8.3 requires an attorney to report the ethical misconduct of other attorneys related to their honesty, trustworthiness and fitness as an attorney. The failure to report can result in discipline for an attorney who knew or should have known of the misconduct.
By Charles Berwanger
Generative AI is a tool that has wide-ranging application for the practice of law and administrative functions of the legal practice for all licensees, regardless of firm size, and all practice areas. Like any technology, generative AI must be used in a manner that conforms to a lawyer’s professional responsibility obligations, including those set forth in the Rules of Professional Conduct and the State Bar Act. A lawyer should understand the risks and benefits of the technology used in connection with providing legal services. How these obligations apply will depend on a host of factors, including the client, the matter, the practice area, the firm size, and the tools themselves, ranging from free and readily available to custom-built, proprietary formats.
Generative AI use presents unique challenges; it uses large volumes of data, there are many competing AI models and products, and, even for those who create generative AI products, there is a lack of clarity as to how it works. In addition, generative AI poses the risk of encouraging greater reliance and trust on its outputs because of its purpose to generate responses and its ability to do so in a manner that projects confidence and effectively emulates human responses. A lawyer should consider these and other risks before using generative AI in providing legal services.
The following Practical Guidance is based on current professional responsibility obligations for lawyers and demonstrates how to behave consistently with such obligations. While this guidance is intended to address issues and concerns with the use of generative AI and products that use generative AI as a component of a larger product, it may apply to other technologies, including more established applications of AI. This Practical Guidance should be read as guiding principles rather than as “best practices.”
By Dave Majchrzak and Heather Rosing
On October 10 and 11, 2025, Governor Gavin Newsom signed two bills, Assembly Bill 931 and Senate Bill 37, that will impact the law of lawyering effective January 1, 2026. We want the membership to be aware of these new laws since they may impact the way you advertise and attract clients. The changes are significant and violations can have serious consequences.
By Koryn Sheppard
As January rings in a new year, we often feel a collective pressure to “fix” ourselves through rigid resolutions. However, instead of focusing on what needs to be corrected, we can look at the new year as an invitation to embrace the “beginner’s mind.” Starting something brand new in January offers profound benefits for our mental and emotional well-being.
By Charles Berwanger
Peter, Paul, and Mary had it right when they sang the soulful song: Where Have All the Flowers Gone – mankind simply does not learn from history.
By Edward McIntyre
A recurring series where fictional characters discuss real
ethics scenarios. Macbeth, a long-recognized expert in legal
ethics, professional responsibility, and the law of lawyering
is joined by his nephew Duncan and Sara, the very bright
newest member of the firm.
