As with other lawyers, litigators must comply with applicable ethics rules, professional standards of care and professional obligations. Indeed, the California Rules of Professional Conduct and the California Business and Professional Code apply to all attorneys practicing within the state. But the obligations for litigators in applying those rules, standards and obligations can differ from other practices. The following issues can present unique challenges for litigators that are not faced by their peers in the profession.
Evolving Standards of Care
The California Rules of Professional Conduct require that every attorney perform legal services “with competence.” This generally means that all lawyers owe their clients a duty to perform legal services in accordance with the degree of skill, prudence, diligence and care commonly exercised by other attorneys.
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