PLEASE NOTE: Publication for public comment
is not, and shall not, be construed as a recommendation or approval by the Board
of Trustees of the materials published
Comprehensive proposed amendments to the Rules of Professional Conduct of the State Bar of California
By statute, the Board of Trustees (“Board”) has the authority to adopt amendments to the Rules of Professional Conduct of the State Bar of California (“rules”). The rules adopted by the Board become binding upon all members of the State Bar only if they are approved by the California Supreme Court. (See Business and Professions Code sections 6076 and 6077.) The Board has assigned the Commission for the Revision of the Rules of Professional Conduct (“Commission”) to conduct a study of the rules and to recommend comprehensive amendments.
At its June 23, 2016 meeting, the Board authorized a 90 day public comment period on sixty-eight proposed new and amended rules prepared by the Commission as an initial report and recommendation for comprehensive revisions. The Board also authorized a public hearing on the proposed rules. The public hearing is scheduled for July 26, 2016 at the Los Angeles and San Francisco offices of the State Bar with an audio-visual connection at each location. Testimony may be given at either office. People who cannot appear in person at either location can join via telephone. See the online registration form for more details.
In addition to the sixty-eight proposed rules prepared by the Commission, the Board authorized public comment on an alternate version of the Commission’s proposed rule 8.4.1 (Prohibited Discrimination, Harassment and Retaliation) drafted by staff in accordance with the Board’s discussion. This proposed rule is designated as alternative draft 2 (ALT2) of proposed rule 8.4.1.
The sixty-eight proposed rules include a recommendation for reorganization and renumbering of the rules that is similar to the approach used in all other United States jurisdictions. The Commission’s memorandum to the Board and other materials linked below provide the Commission’s Charter, the full text of the proposed rules, an executive summary for each of the proposed rules, and a report on rules that were considered by the Commission but are not being recommended for adoption. More resources for studying the proposed rules are available on the Commission’s proposed rules web page, including redline/strikeout versions of the proposed rules showing the changes to a current rule or an American Bar Association Model Rule.
Comments may be submitted on one or more of the proposed rules as well as on the Model Rules that were considered by the Commission but are not recommended for adoption.
1) Proposed New and Amended Rules of Professional Conduct of the State Bar of California
2) Commission’s Memorandum to the Board of Trustees – Agenda Item 701 JUNE 2016
3) Executive summaries of the Proposed New and Amended Rules of Professional Conduct of the State Bar of California
4) Rules and Concepts Considered but Not Recommended for Adoption
Commission for the Revision of the Rules of Professional Conduct of the State Bar of California
Sept. 27, 2016
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
However, if you cannot use the online form, comments may be submitted by mail to the address indicated below.
Office of Professional Competence, Planning and Development
State Bar of California
180 Howard St.
San Francisco, CA 94105-1639