Mark L. Tuft

Partner
San Francisco Office
mtuft@cwclaw.com
415-765-6215

Practices

 

Mark L. Tuft

LEGAL PRACTICE

Partner with the firm of Cooper, White & Cooper LLP; principally engaged in professional liability, business and criminal litigation in federal and state courts.  Experience includes legal malpractice; media law; defamation and related first amendment litigation; insurance; and defense of businesses and individuals in criminal litigation.  State-wide practice as ethics counsel to lawyers and law firms on professional responsibility, discipline, law firm mergers and dissolutions and law practice management.  Arbitrator and Mediator on lawyer-client and law firm disputes.

LEGAL EDUCATION

PROFESSIONAL ASSOCIATIONS AND AWARDS

PUBLICATIONS AND TEACHING

RECENT PROGRAMS
  • Panelist, "Understanding Conflict Waivers - Their Rules, Scope and Effect," American Intellectual Property Law Association, 2010 Spring Meeting, New York, NY, May 2010
  • Speaker, "Ethics for Estate Planning Lawyers," Bar Association of San Francisco, The Estate Planning, Probate and Trust Section, San Francisco, CA, May 2010
  • Panelist, "Rules Revision Commission:  New Rules for a New Decade?" 14th Annual State Bar Ethics Symposium, San Francisco, CA, May 2010
  • Speaker, "The New Model Rule Revisions for Screening Lateral Attorneys adn Related Conflict of Interest Topics," Board of Directors, Attorneys Insurance Mutual Risk Retention Group, Inc., San Francisco, CA, January 2010
  • Panelist, "Legal Ethics & Professionalism," CLE Europe, 18th Annual London MCLE Fair, London, England, January 2010
  • Chair, "Latest Issues in Legal Ethics - Substance Abuse - Elimination of Bias in the Profession," PLI's California MCLE Marathon Program 2009, San Francisco, CA, December 2009
  • Speaker, "Laterals and Conflicts:  A New Look at ABA Rule 1.10, PilotLegis Insurance Conference, Las Vegas, NV, November 2009
  • Panelist, "Legal Ethics 2010," The Rutter Group, Sherman Oaks, CA, November 2009 
  • Panelist, "The Legal Services Market:  Strategies and Efficiencies to Deliver More for Less," Lawyers Beyond Borders and Practicing Law in the Electronic Age, the Joseph G. Miller and William C. Becker Institute for Professional Responsibility Inaugural Symposium, University of Akron, Akron, OH, October 2009
  • Speaker, Commercial Law & Bankruptcy Section, San Francisco Bar Association, "Ethical Issues in the Insolvency Context," San Francisco, CA, September 2009
  • Panelist, Conference of California Bar Associations, "Justice and National Security," San Diego, CA, September 2009
  • Panelist, West Publishing Company, Legal Ethics Webcast, "Conflicts of Interest for Lawyers Practicing in California," San Francisco, CA, June 2009
  • Speaker, CEB Videotape Program, "Conflicts of Interest," Oakland, CA, June 2009
  • Speaker, CEB Videotape Program, "Attorney's Fees and Fee Agreements," Oakland, CA, June 2009
  • Panelist, San Francisco Law Firm Risk Management Roundtable Discusion, "Lessons from the Fall:  Risk Management Strategies for Surviving and Propsering Through Recessionary Times," San Francisco, CA, May 2009
  • Speaker, "Considerations for the Wetland Practitioner," California Wetlands 9th Annual SuperConference, San Francisco, CA, February 2009
  • Speaker, "The Law Governing Lawyers 2008-2009:  The Year in Review," Bar Association of San Francisco, San Francisco, CA, January 2009
  • Chair, "Latest Issues in Legal Ethics - Substance Abuse - Elimination of Bias in the Profession," PLI's California MCLE Marathon Program 2008, San Francisco, CA, December 2008
  • Panelist, "Attorney Fees 2009," The Rutter Group, Sherman Oaks, CA, November 2008
  • Panelist, "Legal Ethics 2009," The Rutter Group, Sherman Oaks, CA, November 2008
  • Panelist, "Really Interesting Lawyer Stuff:  Ethics and Legal Malpractice," State Bar of California Meeting, Monterey, CA, September 2008
  • Panelist, "Attorney-Client Confidentiality Under Attack," State Bar Annual Meeting, Monterey, CA, September 2008
  • Panelist, "Avoiding Ethical Maelstroms for Media Lawyers," 2008 NAA/NAM/MLRC Media Law Conference, Chantilly, VA, September, 2008
  • Panelist, "How to Take Advantage of the Teachable Moment Presented by the Qualcomm Proceedings," ABA National Legal Malpractice Conference, San Francisco, CA, September 3-5, 2008
  • Panelist, "Serious Money:  The Risks of Engaging in Business Transactions," ABA National Legal Malpractice Conference, San Francisco, CA, September 3-5, 2008
  • Panelist, "Conflicts of Interest-Year in Review," ABA National Conference on Professional Responsibility (ABA Center on Professional Responsibility), Boston, MA, May, 2008
  • Panelist, "Legal Frontiers in Digital Media," Stanford University, May 15-16, 2008
  • Panelist, "Rules Revision Update," 12th Annual State Bar Ethics Symposium, University of San Francisco School of Law, May 3, 2008
  • Panelist, "Attorney-Client Privilege and Professional Responsibility," DOECAA Spring Conference, Stanford University, Palo Alto, CA, May 1, 2008
  • Panelist, "Class Action Ethical Developments," Bar Association of San Francisco, Labor & Employment Section, Yosemite, February 22, 2008
  • Moderator, "Making the Call on Material Limitation Conflicts," Association of Professional Responsibility Lawyers, ABA Mid-Year Meeting, Los Angeles, CA, February 8, 2008
  • Teleseminar, "Why Didn't the Court Enforce Your Agreement?" ABA Teleconference, January 31, 2008
  • Speaker, "Professional Responsibility: The Year in Review," Contra Costa Bar Association Litigation Section, Walnut Creek, CA, January 16, 2008
  • Speaker, "The Law of Lawyers-The Year in Review," Bar Association of San Francisco, CA, January 15, 2008
  • Speaker, "Legal Ethics for Government Lawyers," CLE International Second Annual SuperConference on California Wetlands, Sacramento, CA, January 14-15, 2008
  • Panelist, "Really Interesting Lawyer Stuff," California State Bar 80th Annual Meeting, Anaheim, CA, September 28, 2007
  • Chair, PLI MCLE Marathon Program, San Francisco, CA, December 2007
  • Co-panelist, The Rutter Group, "Legal Ethics 2007 and 2008", Sherman Oaks, CA, November 1, 2007
  • MCLE Speaker, In-House Training Program for Attorneys Employed by the Department of Industrial Relations, San Francisco, Los Angeles, and Sacramento (2007)
  • Speaker, "Ethical Considerations for Insurance Coverage Counsel," Safeco Insurance Company, Santa Rosa, CA, March 2007
  • Panelist, State Bar Section, Education Inspakerstitute, "Crossborder Mutlijurisdictional Practice Issues," Berkeley, CA, January 2007
  • Speaker, Bar Association of San Francisco, "The Law Governing Lawyers 2006-2007 --  A Year in Review," San Francisco, CA, January 2007
  • Speaker, "Conflicts of Interest and Other Recent Developments," for Silk, Adler & Colvin, San Francisco, CA, December 2006
  • Speaker, The Recorder Roundtable on "Ethics and Advertising," San Francisco, CA, December 2006
  • Chair, PLI MCLE Marathon Program, San Francisco, CA, December 2006
  • Panelist, The Rutter Group Program, "Legal Ethics 2007", Sherman Oaks, CA, November 2006
  • Speaker, "The Proper Handling of Client Funds and Property," for Noland Hamerly Ettienne & Hoss, Salinas, CA, November 2006
  • Speaker, Office of the County Counsel, Alameda County, "Legal Ethics with an Emphasis on Public Employment," Oakland, CA, November 2006
  • Panelist, "Legal Ethics and the Internet," University of San Francisco School of Law, San Francisco, CA, October 2006
  • Panelist, "Basic Training for Litigators: Civil Procedure Before Trial 2006 Seminar," The Rutter Group, San Francisco, CA, October 2006
  • Panelist, International Law Section, "MJP: The Usual Suspects," State Bar of California Annual Meeting, Monterey, CA, October 2006
  • Panelist, "Really Interesting Lawyer Stuff," State Bar of California Annual Meeting, Monterey, CA, October 2006
  • Speaker, CLE International CEQA program on "Key Ethical Challenges in CEQA Practice," San Francisco, CA, September 2006
  • Speaker, "Whistle-Blowing Attorneys:  The Debate Continues", 2006 Annual Meeting of the County Counsel's Association of California, Marina del Rey, CA, September 2006
  • Speaker, "Recent Developments in the Ethical Practice of Real Estate Law," for the Real Estate Section of the Contra Costa County Bar Association, the Executive Committee of the Real Estate Section of the State Bar of California and the Alameda County Bar Association, Walnut Creek, CA, June 2006
  • Speaker, "Ethical Issues in the Online Delivery of Legal Services," ABA National Conference on Professional Responsibility, Vancouver, B.C., June 2006
  • Speaker, USC/Los Angeles County Bar Association Benjamin S. Crocker Symposium on Real Estate Law and Business 2006 on Serving Multiple Masters: Can One Attorney Responsibly Represent All The Parties In The Same Joint Venture? Los Angeles, April 2006  
  • Panelist, "Brother, Can You Spare a Rule? Or a Dime?" ABA State Bar Litigation Section, Annual Trial Symposium and Retreat, Silverado Resort, Napa, CA
  • Speaker, "The Law Governing Lawyers 2005-2006: The Year in Review," Bar Association of San Francisco, January 2006
  • Chair, PLI California MCLE Marathon 2005 San Francisco, California, December 2005
  • Panelist, Commercial Law & Bankruptcy Section of the Bar Association of San Francisco program on "Mining Your Bankruptcy Estate for Potential Claims:  Avoiding Latent Conflicts, " San Francisco, California, November 2005
  • Panelist, ABA Tort Trial & Insurance Practice Section Fall Meeting on Legal
    Ethics, San Francisco, California, October 2005
  • Panelist, "Basic Training for Litigators:  Civil Procedure Before Trial 2005 Seminar" The Rutter Group, San Francisco, CA, October 2005
  • Panelist, "Basic Training for Litigators: Civil Procedure Before Trial 2005 Seminar" The Rutter Group,  San Francisco, California, October 2005.
  • Panelist, "Really Interesting Lawyer Stuff," State Bar Annual Meeting, San Diego, CA, September 2005
  • Panelist, "Attorney-Client Confidentiality Under Attack," State Bar Annual Meeting, San Diego, CA, September 2005
  • Panelist, "Ethics and Multi-Jurisdictional Practice Issues When Dealing With Out-of-State Lawyers and Clients," State Bar Annual Meeting, San Diego, CA , September 2005
  • Speaker, CLE International Program on Interstate Direct Shipping of Wines on Multi-jurisdictional Practice, San Francisco, CA, August 2005
  • Program Chair, "Loyalty, Current Clients and Unrelated Matters, Association of Professional Responsibility Lawyers, Chicago, Illinois, August 2005
  • Panelist,  "Duty at the Fringes." 2005 Legal Malpractice & Risk Management Conference, Chicago, Illinois, February 2005
  • Panelist,  "Attorney-Client Confidentiality Under Attack", State Bar Education Institute program San Francisco, CA, January 2005
  • Panelist, "Ethical Considerations in Commercial Mortgage Practice," Practising Law Institute Commercial Real Estate Financing Program, San Francisco, CA, January 2005
  • Panelist, "Multi-Jurisdictional Practice and Ethics for International Lawyers", State Bar Educational Institute, San Francisco, CA, January 2005
  • Chair, MCLE Marathon 2004-2005 program "Contacting Represented Parties:  The Proper Application of the 'No Contact Rule,"  Practising Law Institute,  Los Angeles,  CA,  January 2005
  • Chair, MCLE Marathon Program, "Legal Ethics" Current Developments – Substance Abuse-Elimination of Bias in the Profession,"  Practising Law Institute, San Francisco, CA, December 2004
  • Speaker, Barrister's Club of San Francisco, Estate Planning and Probate & Trust Section, "Ethics for the Estate Planning, Probate, and Trust Attorney," San Francisco, CA, December 2004
  • Panelist, "Refreshing Your Ethics," 45th Annual Meeting of the Association of
    Defense Counsel of Northern California and Nevada, San Francisco, CA, December 2004
  • Speaker, Beverly Hills Bar Association program, "Protecting Your Fee and Yourself:  Recent Ethical Developments", Beverly Hills, CA, November 2004
  • Panelist, State Bar of California Annual Meeting 2004, " Really Interesting Lawyer Stuff," Monterey, CA, October 2004
  • Speaker, Contra Costa County Bar Association Family Law Section, "Representing a Client with Diminished Capacity," Walnut Creek, CA., September 2004
  • Panelist, Fall 2004 National Legal Malpractice Conference, "Offshoring of Legal Services," San Francisco, CA
  • Speaker, "Attorney's Fees: A Tutorial", Continuing Education of the Bar, Oakland, CA., July 2004
  • Speaker, "Conflicts of Interest: A Practical Approach", Continuing Education of the Bar, Oakland, CA, July 2004
  • Panelist, "AB 1101-Does Proposed Rule 3-100 Bring Us Closer To Tarasoff;"?  State Bar Ethics Symposium, San Francisco, CA, April 2004
  • Panelist, "Historical Perspective on the Attorney-Client Relationship," State Bar Ethics Symposium, San Francisco, CA, April 2004
  • Panelist, "Ethical Considerations in Commercial Mortgage Practice," Practising Law Institute, Commercial Real Estate Financing 2004, San Francisco, CA, January 2004
  • Panelist, "Ethical Issues Facing Construction Lawyers", American Bar Association Forum on the Construction Industry/TIPS Fidelity & Surety Law, San Francisco, CA., January 2004
  • Speaker, Recent Developments in Legal Ethics for House Counsel, PG& E Legal Department,  San Francisco, CA , January 2004
  • Moderator, "Avoiding Malpractice in the Representation Process: Getting In & Getting Out", Continuing Education of the Bar, Sacramento, CA, January 2004
  • Speaker, "Reconciling Confidentiality and Privilege for the Estate Planning, Trust & Probate Attorney," Bar Association of San Francisco, Estate Planning, Trust & Probate Section, San Francisco, CA, December 2003
  • Speaker "The Perils of Privilege and Confidentiality in California", Santa Cruz County Bar Association, Santa Cruz, California, November 2003
  • Panelist, "Basic Training for Litigators:: Civil Procedure Before Trial 2003 Seminar" The Rutter Group,  Francisco, California, October 2003. 
  • Panelist, "How to Have a Successful Electronic Marketing Campaign", Legal Marketing Association, Fifth Annual Tech Program, San Francisco, California, October 2003 
  • Panelist, "Toward a Coordinated Approach to Multijurisdictional Issues and the Internet," Joint Session of Committees on Civil Litigation and Media Law, The International Bar Association Conference, San Francisco, California, September 2003 
  • Panelist, "The Role of the Senior Lawyer in Maintaining and Developing Ethics in the Practice of Law," The Senior Lawyers' Group, The International Bar Association Conference, San Francisco, California, September 2003
  • Panelist, "Regulation of Immigration Advice and the Ethics of Immigration Practice", Joint Session of the Committees on Immigration and Nationality Law and Professional Conduct and Ethics, The International Bar Association Conference, San Francisco, California, September 2003
  • Speaker, ABA Solo & Small Firm Section Program," Ethics and Client Trust Accounting;" ABA Annual Meeting, San Francisco, CA, August 2003
  • Panelist, CEB Videotape Program, "FAQ: The Attorney's Duty of Confidentiality," Oakland, CA, June, 2003
  • Panelist, CEB Videotape Program, "FAQ: Client Trust Accounts," Oakland, CA, June, 2003
  • Speaker, "What Every PAI Lawyers Needs To Know About Conflicts of Interest and Related Issues of Professional Responsibility," Protection & Advocacy, Inc. -All-Staff Training Retreat, Fremont, CA, May 2003
  • Panelist," Commercial Real Estate Financing 2003: What Borrowers and Lenders Need to Know Now," Practising Law Institute, San Francisco, January 2003    
  • Panelist, "Multi-Jurisdictional Practice & Environmental Lawyers," Bar Association of San Francisco, January 2003
  • Chair, California MCLE Marathon 2002-2003, Practising Law Institute, San Francisco, December 2002 - Los Angeles 2003
  • Panelist, The Rutter Group "Legal Ethics 2003" Sherman Oaks, CA, November 2002
RECENT PUBLICATIONS
  • Article, "Supervising Offshore Outsourcing of Legal Services in a Global Environment:  Re-Examining Current Ethical Standards," 43 Akron Law Review, No. 3, 825 (2010)
  • Paper, "Screening for Conflicts in California," presented at the 34th ABA National Conference on Professional Responsibility, Boston, MA, May 2008
  • Article, "New Ethics Rules Affect You," California State Bar Journal, May 2008
  • Article, "Changes Bring Up Issues for Both Lawyers and the Public," Daily Journal, March 24, 2008
  • Paper, "Frequently Asked Questions About 'Materially Limited' Conflicts of Interest," Association of Professional Responsibility Lawyers, February 2008
  • Article, "The California Rules of Professional Conduct - How We Got Here and Where Are We Going," LA Lawyer Magazine, May 2007
  • Article, "Illuminating the Intersection Between the Litigation Privilege and the Right to Privacy," Media Law Resource Center, MediaLawLetter, May 2007
  • Article, "Ethical Challenges in Emerging Technology," ABA GP Solo Magazine, January 2007
  • Article, "Internet Communications with Prospective Clients: When Disclaimers May Not Be Enough," 2006 Symposium Issue of the ABA Professional Lawyer
  • Article, "Putting Clients First: Ethical Consideration in Disaster Planning and Recovery" ABA GP Solo Magazine, December 2006
  • Article, "Practicing Law in Harm's Way" ABA GP Solo Magazine, December 2006
  • Article, "Maintaining the Client File While Out and About," ABA publication, GPSolo Magazine, June 2006 
  • Paper, "Internet Communications With Prospective Clients – When Disclaimers May Not Be Enough," Center for Professional Responsibility, March 2006
  • Article, "Representing Current Clients in Unrelated Matters – Defining the Outer Boundaries in Client Loyalty," Practicing Law Institute, December 2005        
  • Article, "Communicating with the Government's Lawyer's Client" Media Law Research Center, MediaLawLetter, November 2005
  • Article, "Email Sleuthing and Preserving Confidentiality," ABA GPSolo Magazine, October 2005
  • Article, "Loyalty, Current Clients and Unrelated Matters," Association of Professional Responsibility Lawyers, August 2005
  • Article, "An Approach to Law Firm Marketing Within Ethical and Legal Boundaries, ABA Solo and Small Firm, June 2005 
  • Article, "Understanding 'The Anti-Contact' Rule", Practising Law Institute, December 2004
  • Article, "Techno Ethics: Getting Temporary Legal Help Online," GP Solo Magazine, December 2004
  • Contributing Editor Employment Litigation Practice Guide Chapter 2 [The Rutter Group (West) 2004]
  • Article, "Offshoring of Legal Services," An Ethical Perspective on                         Outsourcing Abroad, ABA Standing Committee on Lawyer Professional Liability, September 2004
  • Article, "Can Your Client Be Your Teammate?" ABA GP Solo Magazine, July/August 2004 
  • Article," A Historical Perspective on the Attorney-Client Relationship," State Bar Ethics Symposium, San Francisco, CA, April 2004
  • Article, "Getting In and Getting Out-Avoiding Legal Malpractice," California Continuing Education of the Bar, January 2004
  • Article, "Common Issues Concerning Representation of Multiple Parties in Construction Litigation," The American Bar Association Forum on the Construction Industry/TIPS Fidelity & Surety Law Committee, 2004 Midwinter Meeting, San Francisco, January 2004
  • Contributing Editor California Criminal Law Procedure & Practice (CEB 2003) Chapter 47: Effect of Criminal Conviction on Professional Licenses
  • Contributing Editor to the Employment Litigation Practice Guide, [The Rutter Group (West) 2003] Chapter 2
  • Article, "Welcome to the Party", Vol.  2, No.  11, Legal Week Global, Page 34, November 2003
  • Article "Common Issues Concerning Representation of Multiple Parties in Construction Litigation,"2004 Midyear Meeting, American Bar Association Forum on the Construction Industry/TIPS Fidelity & Surety Law Committee, October, 2003
  • Article "A Lawyer's Judgment Will Never Be Automated" appearing in the GP Solo magazine, a publication of the American Bar Association General Practice, Solo & Small Firm Section, Vol.  20, No.  4, June 2003
  • Article, "For Your Eyes Only: The Duty of Confidentiality," Los Angeles Lawyer magazine, December 2002
  • Article, "Resources Available for Government Lawyers," UC Hastings College of the Law Public Interest program on Ethics, Whistle-Blowing and the Public Lawyer, 2002.

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