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 attorneys licensed by the bar once those rules are approved by the California Supreme Court. (Business and Professions Code sections 6076 and 6077.)
Information about proposed new and amended Rules of Professional Conduct currently under consideration by the Board of Trustees or the Supreme Court is listed below.
On April 11, 2018, the Supreme Court issued Administrative Order 2018-04-11 on the State Bar’s request to approve proposed Rule 1.2.1. The order includes substantive revisions to one of the Comments, Comment , in proposed rule 1.2.1 and some other minor modifications. The order directs the Board to consider whether to adopt this version of the rule.
This matter was referred to the Commission for the Revision of the Rules of Professional Conduct for study. The Commission met on May 8, 2018 and agreed with the concepts of all of the revisions included in the Supreme Court’s order. On May 17, 2018, the Board Committee on Regulation and Discipline authorized a 45-day public comment period on two versions of proposed rule 1.2.1 submitted by the Commission.
On May 10, 2018, the California Supreme Court issued an order approving 69 new Rules of Professional Conduct, which will go into effect Nov. 1, 2018. The current rules remain in effect until then.
Rule 5-110 (Special Responsibilities of a Prosecutor) has been amended by order of the California Supreme Court, effective Nov. 2, 2017. Paragraph (D) and related Discussion paragraphs  and , which pertains to disclosure obligations of prosecutors regarding exculpatory evidence or information, were added. (Read the Court order.) For more information, see the State Bar's News Release November 2, 2017.
The comprehensive review of the Rules of Professional Conduct has concluded. The Board of Trustees adopted proposed new and amended Rules of Professional Conduct at its Nov. 17, 2016 and March 9, 2017 meetings. On March 30, 2017, the State Bar submitted the proposed rules to the California Supreme Court. You can find links to the docket posting on the California Courts website. The proposed rules are currently under review by the Court.
Members of the public can sign up for automatic email notifications concerning this matter at the bottom of the docket posting page.
Please note that rule amendments adopted by the Board of Trustees of the State Bar of California do not become operative unless and until they are approved by the Supreme Court. We are not aware of any deadline for the Court to act on the State Bar's request.
The PDF documents provided for each of the proposed rules includes executive summaries, report and recommendations, dissents (if any), and other additional background information which was provided in the filing submitted to the Supreme Court. The report and recommendations include clean and redline version of the rule and an analysis of changes. Full text of public comments received and public comment synopsis tables have not been included. These documents are available upon request by contacting Mimi Lee at: firstname.lastname@example.org.