Commission for the Revision of the Rules of Professional Conduct of the State Bar of California
Notice and Agenda
Friday, February 19, 2016
10:00 am - 4:30 pm
The State Bar of California
180 Howard Street
Board Room, 4th Floor
San Francisco, CA 94105
(415) 538-2000
Notice and Agenda
Friday, February 19, 2016
10:00 am - 4:30 pm
The State Bar of California
180 Howard Street
Board Room, 4th Floor
San Francisco, CA 94105
(415) 538-2000
Questions regarding any agenda item should be directed to the Committee Coordinator(s), Randall Difuntorum at 415-538-2161 or Chair, Justice Lee Edmon at (415) 538-2107. 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).
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: This is a 2-day meeting. The agenda items and materials for both the
February 19th and February 20th meetings are identical. The agenda items to
be discussed on February 20th depend on the progress made on February 19th.
To Join by Conference Call
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 Summary |
| A. | Regular Meeting on January 22 & 23, 2016 (Open Session) II. Consent Agenda - Approval of Action Summary 01-22 and 01-23-2016 Meeting Action Summary - DFT2.1 (02-11-16) w-attachments |
| III. Action |
| A. | Report and Recommendation on Proposed Rule 2-400 (Prohibited Discriminatory Conduct in a Law Practice) III. Action Rule 2-400 [8.4.1] Report Recommendation DFT4.3 (01-05-16)Attachments: ATT1 Rule 2-400 [8.4.1] - Post-Agenda E-mails, etc. - REV (02-16-16)ATT2 Rule 2-400 [8.4.1] - Revised Rule - DFT4.5 (02-16-16) - Cf. to DFT4.3 (01-05-16)ATT3 Rule 2-400 [8.4.1] - Pre-Agenda Emails, etc. - REV (02-04-16) |
| B. | Report and Recommendaiton on Rule 3-200 (Prohibited Objectives of Employment) (including ABA Model Rule 3.1 (Meritorious Claims and Contentions)) III. Action Rule 3-200 [3.1] Report Recommendation - DFT1.2 (12-28-15)Attachments: ATT1 Rule 3-200 [3.1] - Post-Agenda E-mails, etc. - REV (02-16-16) |
| C. | Report and Recommendation on Rule 3-120 (Sexual Relations With Client) (including ABA Model Rule 1.8(j) re sexual relations with client) III. Action Rule 3-120 [1.8.10] Report Recommendation DFT2.2 (01-04-16)Attachments: ATT1 Rule 3-120 [1.8.10] - Post-Agenda E-mails etc - REV (02-16-16) |
| D. | Report and Recommendation on Rule 1-400 (Advertising and Solicitation) (including ABA Model Rules 7.1 - 7.5 re advertising, communications and direct contact) - WITHDRAWN |
| E. | Report and Recommendation on Rule 3-210 (Advising the Violation of Law) (including ABA Model Rule 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer)) III. Action Rule 3-210 [1.2] - Report & Recommendation - DFT1.2 (02-01-16)Attachments: ATT1 Rule 3-210 [1.2] - Post-Agenda E-mails, etc. - REV (02-16-16) |
| F. | Report and Recommendation on Rule 3-310 (Avoiding the Representation of Adverse Interests) (including ABA Model Rules 1.7, 1.8.6, 1.8.7, & 1.9) III. Action Rule 3-310 [1.7 to 1.12] - 02-05-16 Cover Memo re Agenda Materials - DFT3.1Attachments: ATT1 Rule 3-310 [1.7] - Report & Recommendation - DFT1.6 (02-04-16) rev. attachmentATT2 Rule 3-310(F) [1.8.6] - Report Recommendation - DFT1.2 (02-02-16)ATT3 Rule 3-310(D) [1.8.7] - Report Recommendation - DFT1.4 (02-05-16)ATT4 Rule 3-310 [1.9] - Report Recommendation - DFT1.7 (02-04-16)ATT5 Rule 3-310 [1.7 to 1.12] - Post-Agenda E-mails, etc. - REV (02-16-16)ATT6 Rule 3-310 [1.7] Richard Zitrin & Law Professors Letter 02-16-16) |
| G. | Report and Recommendation on Rule 3-600 (Organization as Client) (including ABA Model Rule 1.13 (Organization as Client)) III. Action Rule 3-600 [1.13] - Report & Recommendation - DFT1.6 (02-01-16) |
Closed Session
None* *Closed under Bus. & Prof. Code section 6026.5(a) to consult with counsel concerning pending or prospective litigation. *Closed under Bus. & Prof. Code section 6026.5(d) to consider a personnel matter. | |