Ethically Speaking: To Speak or Not to Speak: That is the Question

“During litigation, lawyers are sometimes required to speak, and other times are prohibited from speaking. Two recent California Court of Appeal opinions issued on the same day, one of them not certified for publication, address this conundrum. The takeaways are instructive.

1. You Must Tell Your Adversary That Her Lawyer is Ineligible to Practice Law

In Prato v. Gioia, 112 Cal. App 5th 651 (2025), our own court of appeal in Santa Ana held that lawyers who know their opponent’s attorney is ineligible to practice law and has been suspended by the State Bar must notify the other side. An extended discussion of the facts is necessary because of the multiple opportunities the offending lawyers had to rectify the situation.”

To read the full article as published by Orange County Lawyer, click here.