The State Bar seeks public comment on Proposed New State Bar Rule 2.5, Amended California Rule of Court 9.8.5, and Amended State Bar Rules of Professional Conduct 1.15 for the Client Trust Protection Program (CTAPP).
Deadline: September 10, 2022
Comments regarding new State Bar Rule 2.5, Client Trust Account Protection Program should be submitted using the online Public Comment Form.
Comments regarding Proposed Amendments to California Rule of Court 9.8.5, Client Trust Account Protection Program should be submitted using the online Public Comment Form.
Comments regarding Proposed Amendments to Rule of Professional Conduct 1.15, Client Trust Account Protection Program should be submitted using the online Public Comment Form.
These online forms allow you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
Several new and amended rules are necessary to implement the requirements set forth in the Client Trust Account Protection Program (CTAPP), presented to the State Bar Board of Trustees by the Committee on Special Discipline Case Audit at the November 2021 meeting. During its July 2022 meeting, the Board approved a 45-day public comment period to gather input on (1) New State Bar Rule 2.5, which addresses the reporting requirements of the first phase of the program, (2) Amendments to New Rule of Court 9.8.5, and (3) Amendments to and Rule of Professional Conduct 1.15. The Board supported adoption of Rule of Professional Conduct 1.4.
The State Bar seeks public comment on the rules that would govern this new program.
You can provide comments on any or all of the rules. It is okay if you support some and oppose others.
Proposed New State Bar Rule 2.5
Staff proposes new State Bar Rule 2.5 to implement the reporting requirements of the CTAPP. This new rule addresses the following topics for the administration of the first phase of the CTAPP program:
New State Bar Rule 2.5 would only be considered for adoption by the Board if the Supreme Court ultimately approves the CTAPP enabling rule, proposed Rule of Court 9.8.5.
Information regarding the full language of the proposed rule can be found in the Agenda Item and Attachment D, available here.
You can leave your comment on this rule here.
Proposed Amendments to New Rule of Court 9.8.5
Staff proposes a new Rule of Court 9.8.5 to grant the State Bar of California the authority to implement the key elements of the CTAPP. The new Rule of Court includes annual licensee registration of accounts and certification of compliance with rules, annual licensee self-assessment, State Bar selection of licensees for compliance reviews, and potential State Bar recommendation of a licensee for a corresponding audit, notice of mandatory corrective action, or referral for disciplinary action. The new Rule of Court will authorize the State Bar to administer the CTAPP and specify that failure to comply with a CTAPP requirement will subject a licensee to being enrolled as an inactive licensee. After an initial 60-day public comment period, staff incorporated revisions to the rule and the State Bar Board of Trustees authorized an additional 45-day public comment period to receive input on the proposed changes. Information regarding the proposal and the full language of the new rule can be found in the Agenda Item and Attachment A, available here.
Proposed Amendments to Rule of Professional Conduct 1.15
After an initial 60-day public comment period, staff proposes amendments to Rule of Professional Conduct 1.15. The State Bar Board of Trustees authorized an additional 45-day public comment period on this rule at their July meeting to receive input on the proposed changes. Information regarding the State Bar’s proposed amendments and the full language of the proposed amended rule can be found in the Agenda Item and Attachment B, available here.
CTAPP. Adoption of these rules could necessitate additional resources for staff to design and implement the CTAPP licensee reporting and self-assessment requirements, staff data monitoring and analysis, staff intervention, and staff support of licensees in maintaining compliance with the program requirements.
Board of Trustees
September 10, 2022