Month: November 2020

Rule 1.0 of the California Rules of Professional Conduct: Purpose and Function of the Rules

I am going to cover the entirety of the California Rules of Professional Conduct. From start to finish!

This video covers “Rule 1.0: Purpose and Function of the Rules of Professional Conduct” Don’t forget to subscribe to my channel!

Here is the language of Rule 1.0:

(a) Purpose. The following rules are intended to regulate professional conduct of lawyers through discipline. They have been adopted by the Board of Trustees of the State Bar of California and approved by the Supreme Court of California pursuant to Business and Professions Code sections 6076 and 6077 to protect the public, the courts, and the legal profession; protect the integrity of the legal system; and promote the administration of justice and confidence in the legal profession. These rules together with any standards adopted by the Board of Trustees pursuant to these rules shall be binding upon all lawyers.

(b) Function. (1) A willful violation of any of these rules is a basis for discipline. (2) The prohibition of certain conduct in these rules is not exclusive. Lawyers are also bound by applicable law including the State Bar Act (Bus. & Prof. Code, § 6000 et seq.) and opinions of California courts. (3) A violation of a rule does not itself give rise to a cause of action for damages caused by failure to comply with the rule. Nothing in these rules or the Comments to the rules is intended to enlarge or to restrict the law regarding the liability of lawyers to others.

(c) Purpose of Comments. The comments are not a basis for imposing discipline but are intended only to provide guidance for interpreting and practicing in compliance with the rules.

(d) These rules may be cited and referred to as the “California Rules of Professional Conduct.

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Legalese Challenge #1: Like playing ping-pong without a net

To celebrate reaching 100 subscribers, I am holding my first contest. With a prize and everything!

Summary Rules:

1) Use the challenge phrase “like playing ping-pong without a net” in an email to opposing counsel (you must be an active lawyer to participate).

2) Describe the usage in a post in the comments section to this video or an email to me. You can email me at contest@shechet.com or any email of mine.

3) Don’t post or share anything privileged or confidential!

4) The deadline to enter is January 3, 2021.

5) The prize is the book “Win Your Case: How to Present, Persuade, and Prevail – Every Place, Every Time” by Gerry Spence. I will order it on Amazon, so you will have to (privately) give me your address if you win.

6) I am not liable for anything and neither is YouTube.

7) This contest is not sponsored by anyone. All entries are governed by the Official Rules: http://shechet.com/legalese-challenge…

Leave better voicemails!

Too many voicemails do a poor job of conveying the most important information: a call-back number. Leaving a better voicemail means you are more likely to have your call returned. Or at least, getting off on the right foot! Don’t leave your phone number only once at the end of a long message. Leave it once at the beginning and then twice at the end. This gives the listener enough time to write it down!

How to pronounce and use the word “demurrer.” Stop messing this up!

I keep hearing lawyers mispronounce the word “demurrer.” Some even write “demure” instead of “demur” or “demurer” instead of “demurrer.”

A “demurrer” is a type of objection. It is pronounced /dəˈmərər/. You can “demur” /dəˈmər/ to a pleading.

On the other hand, “demure” is pronounced /dəˈmyo͝or/ and means to be reserved or shy. “Demurer” is not a word (one cannot be more demurer than someone else). Please stop getting it wrong!