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

SUBJECT:

Proposed amendments to Rules 5-110 and 5-220 of the Rules of Professional Conduct of the State Bar of California

BACKGROUND:

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 that are binding upon all members of the State Bar once those rules are approved by the California Supreme Court. (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 of Professional Conduct and to recommend comprehensive amendments.

DISCUSSION/PROPOSAL:

At the request of the Commission, the Board has authorized an immediate 90 day public comment period on proposed amended Rules 5-110 and 5-220 of the Rules of Professional Conduct. The Commission recommended, and the Board agreed, that the processing of these proposed amendments should be prioritized and handled on a separate track from the Commission’s comprehensive proposed amendments to the Rules of Professional Conduct that are anticipated to be submitted to the Board in June of 2016.The agenda item and attachments linked below describe the proposed rules in detail, including an alternative version of paragraph (D) of proposed amended Rule 5-110 that was considered by the Commission but not adopted.

In addition, a public hearing to receive oral comment on these proposed amended rules is scheduled for Feb. 3, 2016.  For more information concerning this hearing, please read the State Bar news release

NOTE:
Comments may be sent in writing to the address below or submitted online to: Public Comment Form

ANY KNOWN FISCAL/PERSONNEL IMPACT:

None

ATTACHMENTS:
1)    Proposed Amended Rule 5-110 of the Rules of Professional Conduct of the State Bar of California
2)    Proposed Amended Rule 5-220 of the Rules of Professional Conduct of the State Bar of California
3)    Board of Trustees Agenda Item 122 NOV 2015
4)    122 NOV 2015 – Supplemental Materials – Alternate Rule Draft, Commission Member Dissents & Response to Dissents

SOURCE:

Commission for the Revision of the Rules of Professional Conduct of the State Bar of California

DEADLINE FOR COMMENT:

Feb. 29, 2016   

DIRECT COMMENTS TO:
Audrey Hollins
Office of Professional Competence, Planning and Development
State Bar of California
180 Howard St.
San Francisco, CA 94105-1639
Phone: 415-538-2167
Fax: 415-538-2171
audrey.hollins@calbar.ca.gov