Commission for the Revision of the Rules of Professional Conduct of the State Bar of California
Notice and Agenda
Friday, August 26, 2016
10:00 a.m. - 4:30 p.m.

The State Bar of California
180 Howard Street, San Francisco, CA 94105
845 S. Figueroa Street, Los Angeles, CA 90017
San Francisco / Los Angeles / Conference Call,

Questions regarding any agenda item should be directed to the Committee Coordinator, Randall Difuntorum at (415) 538-2161, 180 Howard Street, San Francisco, CA 94105 or Chair, Justice Lee Edmon at (415) 538-2107, 180 Howard Street, San Francisco, CA 94105. Committee members are requested to notify the Committee Coordinator as early as possible in advance of the meeting if they wish to remove any item/s from the consent agenda.

Committee Members: Jeffrey Bleich (Co-Vice-Chair), George Cardona, Danny Chou, Nanci Clinch, Hon. Karen Clopton, Joan Croker, Daniel Eaton, James Ham, Lee Harris, Tobi Inlender, Robert Kehr, Howard Kornberg, Carol Langford, Raul Martinez, Toby Rothschild, Hon. Dean Stout, Mark Tuft, Dean Zipser (Co-Vice-Chair).
The order of business is approximate and subject to change.

NOTE RE MEETING LOCATION: The San Francisco location (Room 4A-C)

will be linked by video-conference to the Los Angeles location (Room 2C).

To Join by Teleconference:

Toll-free dial-in number: 1-855-520-7605

Conference code: 253-541-0212#

Open Session

I. Chair's Report
A. Oral Report
II. Consent Agenda - Approval of Action
A. Regular Meeting on June 2 - 3, 2016 (Open Session)
II. Consent Agenda - Approval of Action
A. 06-02 & 03-2016 Meeting Action Summary - DFT4.1 (08-31-16)
III. Action
A. Post Public Comment Consideration of Rules 5-110 (Performing the Duty of Member in Government Service) and 5-220 (Supression of Evidence) (including ABA Model Rule 3.8)
III. Action
A. 06-02 & 03-2016 Meeting Action Summary - DFT4.1 (08-31-16)
B. Report and Recommendation on Rule 2.1 (Advisor)
III. Action
B. Rule 2.1 Report Recommendation - DFT2 (08-05-16)
C. Report and Recommendation on Rule 1.0 - 1.3, including any public comments
III. Action
C. Cover Sheet 1.0 - 1.3
Attachments:
ATT1 Rule 1.0 [1-100] Proposed Rule-Commenter TableATT2 Rule 1.0.1 [1-100B] Proposed Rule-Commenter TableATT3 Rule 1.1 [3-110] Proposed Rule-Commenter TableATT4 Rule 1.2 [3-210] Proposed RuleATT5 Rule 1.2.1 [3-210] Proposed Rule-Revised Rule-Commenter Table-Zitrin LetterATT6 Rule 1.3 Proposed Rule-Commenter TableATT7 Rule 1.2-1.2.1 [3-210] Email Compilation REV (08-22-16)
Rule 1.0 [1-100] Purpose and Function of the Rules of Professional Conduct
Rule 1.0.1 [1-100(B)] Terminology
Rule 1.1 [3-110] Competence
Rule 1.2 [3-210] Scope of Representation and Allocation of Authority
Rule 1.2.1 [3-210] Advising or Assisting the Violation of Law
Rule 1.3 [3-110(B)] Diligence
D. Consideration of Proposed Rules 1.4 - 1.4.2, including any public comments
III. Action
D. Cover Sheet 1.4 - 1.4.2
Attachments:
ATT1 Rule 1.4 [3-500] Proposed RuleATT2 Rule 1.4.1 [3-510] Proposed RuleATT3 Rule 1.4.2 [3-410] Proposed Rule
Rule 1.4 [3-500] Communication with Clients
Rule 1.4.1 [3-510] Communication of Settlement Offers
Rule 1.4.2 [3-410] Disclosure of Professional Liability Insurance
E. Consideration of Proposed Rules 1.5, 1.5.1, 1.15, and 1.16, including any public comments
III. Action
E. Cover Sheet 1.5, 1.5.1, 1.15, & 1.16
Attachments:
ATT1 Rule 1.5 [4-200] Proposed Rule-Commenter TableATT2 Rule 1.5.1 [2-200] Proposed Rule-Commenter TableATT3 Rule 1.15 [4-100] Proposed RuleATT4 Rule 1.16 [3-700] Proposed Rule-Commenter Table
Rule 1.5 [4-200] Fees for Legal Services
Rule 1.5.1 [2-200] Fee Divisions Among Lawyers
Rule 1.15 [4-100] Safekeeping Funds and Property of Clients and Other Persons
Rule 1.16 [3-700] Declining or Terminating Representation
F. Consideration of Proposed Rules 1.6 and 1.14, including any public comments
III. Action
F. Cover Sheet 1.6 & 1.14
Attachments:
ATT1 Rule 1.6 [3-100] Proposed RuleATT2 Rule 1.14 Proposed Rule-Commenter Table
Rule 1.6 [3-100] Confidential Information of a Client
Rule 1.14 Client with Diminished Capacity
G. Consideration of Proposed Rules 1.8.1 - 1.8.11, including any public comments
III. Action
G. Cover Sheet 1.8-1.8.11
Attachments:
ATT1 Rule 1.8.1 Proposed Rule-Commenter Table-Email CompilationATT2 Rule 1.8.2 Proposed RuleATT3 Rule 1.8.3 [4-400] Proposed RuleATT4 Rule 1.8.5 [4-210] Proposed RuleATT5 Rule 1.8.6 [3-310(F)] Proposed RuleATT6 Rule 1.8.7 [3-310(D)] Proposed RuleATT7 Rule 1.8.8 [3-400] Proposed Rule-Commenter TableATT8 Rule 1.8.9 [4-300] Proposed RuleATT9 Rule 1.8.10 [3-120] Proposed Rule-Commenter TableATT10 Rule 1.8.11 Proposed Rule
Rule 1.8.1 [3-300] Business Transactions with a Client and Pecuniary Interests Adverse to the Client
Rule 1.8.2 Use of Current Client’s Information
Rule 1.8.3 [4-400] Gifts from Client
Rule 1.8.5 [4-210] Payment of Personal or Business Expenses Incurred by or for a Client
Rule 1.8.6 [3-310(F)] Compensation from One Other Than Client
Rule 1.8.7 [3-310(D)] Aggregate Settlements
Rule 1.8.8 [3-400] Limiting Liability to Client
Rule 1.8.9 [4-300] Purchasing Property at a Foreclosure or a Sale Subject to Judicial Review
Rule 1.8.10 [3-120] Sexual Relations with Client
Rule 1.8.11 Imputation of Prohibitions Under Rules 1.8.1 to 1.8.9
H. Consideration of Proposed Rules 1.7, 1.9 - 1.12, including any public comments
III. Action
H. Cover Sheet 1.7, 1.9-1.12
Attachments:
ATT1 Rule 1.7 [3-310] Proposed Rule-Commenter TableATT2 Rule 1.9 [3-310E] Proposed Rule-Commenter TableATT3 Rule 1.10 Proposed Rule-Commenter TableATT4 Rule 1.11 Proposed RuleATT5 Rule 1.12 Proposed Rule
Rule 1.7 [3-310] Conflict of Interests: Current Clients
Rule 1.9 [3-310(E)] Duties to Former Clients
Rule 1.10 Imputation of Conflicts of Interest: General Rule
Rule 1.11 Special Conflicts of Interest for Former and Current Government Officials and Employees
Rule 1.12 Former Judge, Arbitrator, Mediator or Other Third-Party Neutral
I. Consideration of Proposed Rules 1.13 and 1.17, including any public comments
III. Action
I. Cover Sheet 1.13-1.17
Attachments:
ATT1 Rule 1.13 Proposed RuleATT2 Rule 1.17 Proposed Rule-Commenter Table-Email Compilation
Rule 1.13 [3-600] Organization as Client
Rule 1.17 [2-300] Sale of a Law Practice
J. Consideration of Proposed Rules 2.4 and 2.4.1, including any public comments
III. Action
J. Cover Sheet 2.4 & 2.4.1
Attachments:
ATT1 Rule 2.4 Proposed RuleATT2 Rule 2.4.1 [1-710] Proposed Rule
Rule 2.4 Lawyer as Third-Party Neutral
Rule 2.4.1 [1-710] Lawyer as Temporary Judge, Referee, or Court-Appointed Arbitrator
K. Consideration of Proposed Rules 3.1 - 3.10, including any public comments
III. Action
K. Cover Sheet 3.1-3.10
Attachments:
ATT1 Rule 3.1 [3-200] Proposed RuleATT2 Rule 3.2 Proposed RuleATT3 Rule 3.3 [5-200(A)-(D)] Proposed Rule-Commenter TableATT4 Rule 3.4 [5-200 5-220 5-310] Proposed Rule-Commenter TableATT5 Rule 3.5 [5-300, 5-320] Proposed RuleATT6 Rule 3.6 [5-120] Proposed RuleATT7 Rule 3.7 [5-210] Proposed Rule-Commenter TableATT9 Rule 3.9 Proposed Rule-Commenter TableATT10 Rule 3.10 [5-100] Proposed Rule
Rule 3.1 [3-200] Meritorious Claims and Contentions
Rule 3.2 Delay of Litigation
Rule 3.3 [5-200(A)-(D)] Candor Toward the Tribunal
Rule 3.4 [5-200(E), 5-220, 5,310] Fairness to Opposing Party and Counsel
Rule 3.5 [5-300, 5-320] Contact with Judges, Officials, Employees, and Jurors
Rule 3.6 [5-120] Trial Publicity
Rule 3.7 [5-210] Lawyer as Witness
Rule 3.8 [5-110] Special Responsibilities of a Prosecutor - See agenda item III.A.
Rule 3.9 Advocate in Non-adjudicative Proceedings
Rule 3.10 [5-100] Threatening Criminal, Administrative, or Disciplinary Charges
L. Consideration of Proposed Rules 4.1 - 4.4, including any public comments
III. Action
L. Cover Sheet 4.1-4.4
Attachments:
ATT1 Rule 4.1 Proposed Rule-Commenter TableATT2 Rule 4.2 [2-100] Proposed RuleATT3 Rule 4.3 Proposed RuleATT4 Rule 4.4 Proposed Rule
Rule 4.1 Truthfulness in Statements to Others
Rule 4.2 [2-100] Communication with a Represented Person
Rule 4.3 Communicating with an Unrepresented Person
Rule 4.4 Duties Concerning Inadvertently Transmitted Writings
M. Consideration of Proposed Rules 5.1 - 5.6, including any public comments
III. Action
M. Cover Sheet 5.1-5.6
Attachments:
ATT1 Rule 5.1 Proposed RuleATT2 Rule 5.2 Proposed RuleATT3 Rule 5.3 Proposed RuleATT4 Rule 5.3.1 Proposed Rule-Commenter TableATT5 Rule 5.4 [1-320, 1-310, 1-600] Proposed RuleATT6 Rule 5.5 [1-300] Proposed RuleATT7 Rule 5.6 [1-500] Proposed Rule
Rule 5.1 Responsibilities of Managerial and Supervisory Lawyers
Rule 5.2 Responsibilities of a Subordinate Lawyer
Rule 5.3 Responsibilities Regarding Nonlawyer Assistants
Rule 5.3.1 [1-311] Employment of Disbarred, Suspended, Resigned, or Involuntarily Inactive Lawyer
Rule 5.4 [1-320, 1-310, 1-600] Financial and Similar Arrangements with Nonlawyers
Rule 5.5 [1-300] Unauthorized Practice of Law; Multijurisdictional Practice of Law
Rule 5.6 [1-500] Restrictions on a Lawyer’s Right to Practice
N. Consideration of Proposed Rules 6.3 and 6.5, including any public comments
III. Action
N. Cover Sheet 6.3 & 6.5
Attachments:
ATT1 Rule 6.3 Proposed RuleATT2 Rule 6.5 [1-650] Proposed Rule
Rule 6.3 Membership in Legal Services Organizations
Rule 6.5 [1-650] Limited Legal Services Programs
O. Consideration of Proposed Rules 7.1 - 7.5, including any public comments
III. Action
O. Cover Sheet 7.1-7.5
Attachments:
ATT1 Rule 7.1 [1-400] Proposed RuleATT2 Rule 7.2 [1-400, 1-320(B), (C), & (A)(4), 2-200(B)] Proposed RuleATT3 Rule 7.3 [1-400] Proposed RuleATT4 Rule 7.4 [1-400(D)(6)] Proposed RuleATT5 Rule 7.5 [1-400] Proposed Rule
Rule 7.1 [1-400] Communications Concerning a Lawyer’s Services
Rule 7.2 [1-400, 1-320(B), (C), & (A)(4), 2-200(B)] Advertising
Rule 7.3 [1-400] Solicitation of Clients
Rule 7.4 [1-400(D)(6)] Communication of Fields of Practice and Specialization
Rule 7.5 [1-400] Firm Names and Trade Names
P. Consideration of Proposed Rules 8.1 - 8.5, including any public comments
III. Action
P. Cover Sheet 8.1-8.5
Attachments:
ATT1 Rule 8.1 [1-200] Proposed RuleATT2 Rule 8.1.1 [1-110] Proposed RuleATT3 Rule 8.2 [1-700] Proposed RuleATT4 Rule 8.4 [1-120] Proposed Rules-Commenter TablesATT5 Rule 8.4.1 [2-400] Proposed Rules-Commenter Tables-ABA ResolutionATT6 Rule 8.5 [1-100(D)] Proposed RuleATT7 Rule 8.4.1 Zitrin Letter (08-24-16)
Rule 8.1 [1-200] False Statement Regarding Application for Admission, Readmission, Certification or Registration
Rule 8.1.1 [1-110] Compliance with Conditions of Discipline and Agreements in Lieu of Discipline
Rule 8.2 [1-700] Judicial Officials
Rule 8.4 [1-120] Misconduct
Rule 8.4.1 [2-400] Prohibited Discrimination, Harassment and Retaliation
Rule 8.4.1 [2-400] Prohibited Discrimination, Harassment and Retaliation
Rule 8.5 [1-100(D)] Disciplinary Authority; Choice of Law
Q. Consideration of Model Rules Rejected by Commission [if warranted by public comment received on a rejected rule or as a result of consideration of any other agenda item]
III. Action
Q. Cover Sheet Model Rules Rejected by Commission
Attachments:
ATT1 Rule 1.18 Memo-Notes-R&R-LetterATT2 ABA Model Rule 2.3ATT3 ABA Model Rule 5.7ATT4 ABA Model Rule 6.1ATT5 ABA Model Rule 6.2ATT6 ABA Model Rule 6.4ATT7 ABA Model Rule 7.6ATT8 ABA Model Rule 8.3
Model Rule 1.18 Duties to Prospective Clients
Model Rule 2.3 Evaluation for Use by Third Parties
Model Rule 5.7 Responsibilities Regarding Law Related Services
Model Rule 6.1 Voluntary Pro Bono Publico Service
Model Rule 6.2 Accepting Appointments
Model Rule 6.4 Law Reform Activities
Model Rule 7.6 Political Contributions to Obtain Government Engagements or Appointments by Judges
Model Rule 8.3 Reporting Professional Misconduct
Closed Session




ADJOURN


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The notice and agenda is available at: Meetings: Board of Trustees