DUTIES OF ATTORNEY

attorney acting as director and as attorney for organization

OC 2011-02
attorney's purchase of judgment from adverse party and his
attempt to enforce that judgment against former client in the
same matter was a violation of the confidential relationship
between attorney and client
Styles v. Mumbert (2008) 164 Cal.App.4th 1163 [79
Cal.Rptr.3d 880]
breach of duty to a former client
Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th
811 [124 Cal Rptr.3d 256]
Styles v. Mumbert (2008) 164 Cal.App.4th 1163 [79
Cal.Rptr.3d 880]
Benasra v. Mitchell, Silberberg, and Knupp (2004) 123
Cal.App.4th 1179 [20 Cal.Rptr.3d 621]
American Airlines v. Sheppard Mullin, Richter & Hampton
(2002) 96 Cal.App.4th 1017 [117 Cal.Rptr.2d 685]
David Welch Company v. Erskine and Tully (1988) 203
Cal.App.3d 884 [250 Cal.Rptr. 339]
civil judgment for fraud and breach of fiduciary duty
establishes moral turpitude
In the Matter of Kittrell (Review Dept. 2000) 4 Cal. State
Bar Ct. Rptr. 195
duty owed by partners of a dissolved partnership to complete
the partnerships unfinished business and to act in the
highest good faith
*Dickson, Carlson & Campillo v. Pole (2000) 83
Cal.App.4th 436 [99 Cal.Rptr.2d 678]
fiduciary duties owed to former client even after termination
of the relationship
Styles v. Mumbert (2008) 164 Cal.App.4th 1163 [79
Cal.Rptr.3d 880]
Zador v. Quan (1995) 31 Cal.App.4th 1285, 1293 [37
Cal.Rptr.2d 754]
legal obligation to give notice of impending default in plaintiffs suit
Bellm v. Bellia (1984) 150 Cal.App.3d 1036 [198 Cal.Rptr.
389]
no duty to co-counsel
Beck v. Wecht (2002) 28 Cal.4th 289 [121 Cal.Rptr.2d
384]
Saunders v. Weissburg & Aronson (1999) 74 Cal.App.4th
869 [87 Cal.Rptr.2d 405], as modified (August 9, 1999
and September 8, 1999)
no duty to co-counsel regarding advice by attorney to
terminate co-counsel
SF 2011-1
no duty to separately explain arbitration agreement when
attorney changes firms and client signs new fee agreement
when client is a sophisticated businessperson
Desert Outdoor Advertising v. Superior Court (2011) 196
Cal.App.4th 866 [127 Cal.Rptr.3d 158]
relationship ends when insured sues its insurer
San Gabriel Basin Water Quality Authority v. AerojetGeneral Corp. (C.D. Cal. 2000) 105 F.Supp.2d 1095
rule requiring that trust funds disputed by client be
maintained in the client trust account until the dispute is
resolved also applies to disputes concerning funds held for
the benefit of non-clients to whom the attorney owes
fiduciary duties
In the Matter of Respondent F (Review Dept. 1992) 2 Cal.
State Bar Ct. Rptr. 17
standard for the relationship
Elan Transdermal, Ltd. v. Cygnus Therapeutic Systems
(N.D. Cal. 1992) 809 F.Supp. 1383, 1384
*GATX/Airlog Company v. Evergreen International
Airlines, Inc. (1998) 8 F.Supp.2d 1182
statute of limitations
Stoll v. Superior Court (1992) 9 Cal.App.4th 1362
successor counsel to prior counsel
CAL 2009-177
to clients prior attorney
CAL 2008-175
2013 (updated entries through 12/31/2012)

to non-client joint ventures

Galardi v. State Bar (1987) 43 Cal.3d 683 [238 Cal.Rptr.
774]
LA 412 (1983)
to non-client, where a confidential relationship of trust and
dependency was created
In the Matter of Dale (Review Dept. 2005) 4 Cal. State
Bar Ct. Rptr. 798
to third-party non-client
Sodikoff v. State Bar (1975) 14 Cal.3d 422 [121 Cal.Rptr.
467, 535 P.2d 331]
Hall v. Kalfayan (2010) 190 Cal.App.4th 927 [118
Cal.Rptr.3d 629]
Boranian v. Clark (2004)123 Cal.App.4th 1012 [20
Cal.Rptr.3d 405]
In the Matter of Wyshak (Review Dept. 1999) 4 Cal. State
Bar Ct. Rptr. 70
Files [See Files.]
Fraud
civil judgment for fraud and breach of fiduciary duty
establishes moral turpitude
In the Matter of Kittrell (Review Dept. 2000) 4 Cal. State
Bar Ct. Rptr. 195
false representation that attorney had received escrow funds
and was holding in trust
In the Matter of Wyshak (Review Dept. 1999) 4 Cal. State
Bar Ct. Rptr. 70
non-fiduciary who commits actual fraud in his dealings with a
third party in the course of a business negotiation is not
relieved of liability even if non-fiduciary does so in his
capacity as attorney for a client
Vega v. Jones (2004) 121 Cal.App.4th 282 [17
Cal.Rptr.3d 26]
Honesty
deception and concealment amounting to moral turpitude
In the Matter of Fahy (Review Dept. 2009) 5 Cal. State
Bar Ct. Rptr. 141
In the Matter of Kittrell (Review Dept. 2000) 4 Cal. State
Bar Ct. Rptr. 195
dishonesty to court
In re Aguilar and Kent (2004) 34 Cal.4th 386 [18
Cal.Rptr.3d 874]
In the Matter of Fahy (Review Dept. 2009) 5 Cal. State
Bar Ct. Rptr. 141
In the Matter of Dahlz (Review Dept. 2001) 4 Cal. State
Bar Ct. Rptr. 269
In the Matter of Phillips (Review Dept. 2001) 4 Cal. State
Bar Ct. Rptr. 315
In the Matter of Chestnut (Review Dept. 2000) 4 Cal.
State Bar Ct. Rptr. 166
In the Matter of Johnson (Review Dept. 2000) 4 Cal.
State Bar Ct. Rptr. 179
-misrepresentation to judge while attorney served on a
jury
In the Matter of Fahy (Review Dept. 2009) 5 Cal.
State Bar Ct. Rptr. 141
fundamental rule of ethics, common honesty
Gadda v. State Bar (1990) 50 Cal.3d 344 [787 P.2d 95]
Bowles v. State Bar (1989) 48 Cal.3d 100 [255 Cal.Rptr.
846, 768 P.2d 65]
Alkow v. State Bar (1952) 38 Cal.2d 257, 264 [239 P.2d
871]
In the Matter of Phillips (Review Dept. 2001) 4 Cal. State
Bar Ct. Rptr. 315
stock pledged by third party creates fiduciary duty under
Business and Professions Code section 6068(a)
Hartford v. State Bar (1990) 50 Cal.3d 1139
Improve and enhance the rule of law
Capotosto v. Collins (1991) 235 Cal.App.3d 1439
Indigent
duty to represent
Cunningham v. Superior Court (1986) 177 Cal.App.3d
336 [222 Cal.Rptr. 854]

202

See How to Use This Index, supra, p. i