can a lawyer resign based on heresay from the opposing attorney?

A: If the client's case is currently pending before the court, the attorney cannot resign without either obtaining the client express written consent (See Judicial Council Form MC-050) or with the court's permission. The attorney must have a valid reason pursuant to Cal. Rules of Prof. Cond. 3-700. Where no case is pending before the court, then the attorney must take reasonable steps to protect the client's rights, before withdrawing, so as to allow the client reasonable opportunity to try to obtain substitute counsel.

That said, a bare statement from opposing counsel, without more, is probably insufficient grounds to resign.

is it against the law to have someone in your office while you are making a phone call to the opposing attorney, if that someone is the client?

A: An attorney has a duty of confidentiality to the client, and an attorney must protect against disclosure of a client's communications regardless of the possible risk to the attorney. Bus. & Prof. Code 6068(e). Thus, without client consent, the attorney cannot have anyone else present during a client consultation. Beyond that, a phone call with opposing counsel and in the presence of the client is entirely lawful conduct.

Hope this helps.

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