Proposed Amended Rule of Professional Conduct 7.3

The State Bar seeks public input on Proposed Amended Rule of Professional Conduct 7.3.

Deadline: July 18, 2025, 11:59 p.m. (60 days)

Direct comments to

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.

Background

The State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC) is charged with addressing matters involving legal ethics to help California lawyers understand their ethical duties. The committee’s work includes studying and recommending changes to the Rules of Professional Conduct. (See State Bar Board Book, Section 4.12 & Appen. B.)

The Committee on Professional Responsibility and Conduct (COPRAC) received public comments from domestic violence legal service providers across California raising serious concerns about attorney solicitation practices in domestic violence restraining order (DVRO) cases. Specifically, providers report a dangerous trend of attorneys soliciting respondents before they have been formally served. This conduct is concerning because it can alert alleged abusers to the existence of the DVRO request prematurely, at a time recognized by law as particularly dangerous for victims (Fam. Code § 6309(a)(1)(A)-(B)). Early solicitation may jeopardize safety planning, increase the risk of retaliatory abuse, allow respondents to evade service, and undermine survivors’ trust in the legal system—ultimately deterring them from seeking necessary legal protections.

The proposed amended rule addresses these concerns while preserving respondents’ right to counsel. COPRAC seeks public input on Proposed Amended Rule of Professional Conduct 7.3.

Discussion/proposal

Amended Rule 7.3 would:

  • Address the documented risks, including a heightened risk of violence and death during separation from an abuser, by ensuring petitioners can complete safety planning and avail themselves of protections afforded by the courts.
  • Creates a clear temporal boundary for when solicitation is permissible; and
  • Address a specific, documented public safety concern.

At its May 9, 2025, meeting, COPRAC approved proposed amended rule 7.3 for a 60-day public comment period.

Any fiscal/personnel impact

None

Background material
Source

State Bar Standing Committee on Professional Responsibility and Conduct

Deadline

July 18, 2025, 11:59 p.m.

Direct comments to

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.