Commission for the Revision of the Rules of Professional Conduct of the State Bar of California
Notice and Agenda
Friday, February 3, 2017
9:00 am - 4:30 pm

The State Bar of California
Conference Rooms 2C/2D/2E
845 S. Figueroa Street
Los Angeles, CA 90017-2515

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.

IMPORTANT NOTE RE FRIDAY MEETING: There will be NO meeting held on Friday, February 3, 2017.
The Commission completed all matters on the agenda on Thursday, February 2 , 2017.

NOTE: This is a 2-day meeting. The agenda items and materials for both the
February 2nd and February 3rd meetings are identical. The agenda items to
be discussed on February 3rd depend on the progress made on February 2nd.

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 20 - 21, 2017 (Open Session)
II. Consent Agenda - Approval of Action Summary
1-20 & 1-21-17 Meeting Action Summary
III. Action
A. Consideration of Final Reports for Proposed Rules 1.0 - 1.3
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
B. Consideration of Final Reports for Proposed Rules 1.4 - 1.4.2
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
C. Consideration of Final Reports for Proposed Rules 1.5, 1.5.1, 1.15, and 1.16
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
D. Consideration of Final Reports for Proposed Rules 1.6 and 1.14
Rule 1.6 [3-100] Confidential Information of a Client
Rule 1.14 Client with Diminished Capacity
E. Consideration of Final Reports for Proposed Rules 1.8.1 - 1.8.11
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
F. Consideration of Final Reports for Proposed Rules 1.7, 1.9 - 1.12, and 1.18
III. Action
III.F. Cover Sheet 1.7 1.9-1.12 1.18
Attachments:
ATT1 Rule 1.7 [3-310] - Comm Report Recommendation - YDFT2 (01-27-17)ATT2 Rule 1.9 - Comm Report & Recommendation - YDFT1 (01-20-17)ATT3 Rule 1.10 [3-310] - Comm Report & Recommendation - YDFT1 (01-31-17)ATT4 Rule 1.11 [3-310] - Comm Report Recommendation - YDFT1 (01-29-17)ATT5 Rule 1.12 [3-310] - Comm Report Recommendation - YDFT1 (01-20-17)ATT6 Rule 1.18 - Comm Report & Recommendation - YDFT1 (01-31-17)
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
Rule 1.18 Duties To Prospective Client
G. Consideration of Final Reports for Proposed Rules 1.13 and 1.17
Rule 1.13 [3-600] Organization as Client
Rule 1.17 [2-300] Sale of a Law Practice
H. Consideration of Final Reports for Proposed Rules 2.1, 2.4, and 2.4.1
Rule 2.1 Advisor
Rule 2.4 Lawyer as Third-Party Neutral
Rule 2.4.1 [1-710] Lawyer as Temporary Judge, Referee, or Court-Appointed Arbitrator
I. Consideration of Final Reports for Proposed Rules 3.1 - 3.10
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
Rule 3.9 Advocate in Non-adjudicative Proceedings
Rule 3.10 [5-100] Threatening Criminal, Administrative, or Disciplinary Charges
J. Consideration of Final Reports for Proposed Rules 4.1 - 4.4
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
K. Consideration of Final Reports for Proposed Rules 5.1 - 5.6
III. Action
III.K. Cover Sheet 5.1-5.6
Attachments:
ATT1 Rule 5.1 [3-110] - Comm Report Recommendation - YDFT1 (01-30-17)ATT2 Rule 5.2 [3-110] - Comm Report & Recommendation - XDFT1 (01-30-17)ATT3 Rule 5.3 [3-110] - Comm Report & Recommendation - XDFT1 (10-30-16)ATT4 Rule 5.3.1 [1-311] - Comm Report & Recommendation - YDFT1 (01-27-17)ATT5 Rule 5.4 [1-310] - Comm Report & Recommendation - XDFT1 (1-31-17)ATT6 Rule 5.5 [1-300] - Comm Report & Recommendation - XDFT1 (10-26-16) ATT7 Rule 5.6 [1-500] - Comm Report & Recommendation - YDFT1 (01-20-17)
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
L. Consideration of Final Reports for Proposed Rules 6.3 and 6.5
Rule 6.3 Membership in Legal Services Organizations
Rule 6.5 [1-650] Limited Legal Services Programs
M. Consideration of Final Reports for Proposed Rules 7.1 - 7.5
III. Action
III.M. Cover Sheet 7.1-7.5
Attachments:
ATT1 Rule 7.1 [1-400] - Comm Report & Recommendation - YDFT1 (01-31-17)ATT2 Rule 7.2 [1-400] - Comm Report & Recommendation - XDFT1 (10-26-16)ATT3 Rule 7.3 [1-400] - Comm Report & Recommendation - XDFT1 (10-26-16)ATT4 Rule 7.4 [1-400] - Comm Report & Recommendation - XDFT1 (10-26-16)ATT5 Rule 7.5 [1-400] - Comm Report & Recommendation - XDFT1 (10-26-16)
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
N. Consideration of Final Reports for Proposed Rules 8.1 - 8.5
III. Action
III.N. Cover Sheet 8.1-8.5
Attachments:
ATT1 Rule 8.1 [1-200] - Comm Report Recommendation - YDFT2 (01-30-17)ATT2 Rule 8.1.1 [1-110] - Comm Report & Recommendation - XDFT1 (01-27-17)ATT3 Rule 8.2 [1-700] - Comm Report & Recommendation - XDFT1 (01-30-17)ATT4 Rule 8.4 [1-120] - Comm Report & Recommendation - YDFT1 (01-30-17)ATT5 Rule 8.4.1 [2-400] - Comm Report & Recommendation - YDFT1 (01-20-17)ATT6 Rule 8.5 [1-100] - Comm Report & Recommendation - XDFT1 (10-26-16)
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 8.5 [1-100(D)] Disciplinary Authority; Choice of Law
O. Consideration of Final Report for Model Rules Rejected by Commission
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
Public Comments Received Following January 20 & 21, 2017 Meeting
III. Action
Public Comments Received Following Commission January 2017 Meeting
Closed Session

NONE*




ADJOURN


In compliance with the Americans with Disabilities Act, those requiring accommodations at this meeting should notify Carol Madeja at (213) 765-1329. Please provide notification at least 72 hours prior to the meeting to allow sufficient time to make arrangements for accommodations at this meeting.

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