Commission for the Revision of the Rules of Professional Conduct of the State Bar of California
Notice and Agenda
Friday, January 20, 2017
10:00 am - 4:30 pm
State Bar of California
180 Howard Street
San Francisco, CA 94105
Notice and Agenda
Friday, January 20, 2017
10:00 am - 4:30 pm
State Bar of California
180 Howard Street
San Francisco, CA 94105
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).
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: SATURDAY MEETING
There will be NO meeting held on Saturday, January 21, 2017. The Commission
completed all matters on the agenda on Friday, January 20, 2017.
NOTE: This is a 2-day meeting. The agenda items and materials for both the
January 20th and January 21st meetings are identical. The agenda items to
be discussed on January 21st depend on the progress made on January 20th.
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 October 21 & 22, 2016 (Open Session) II. Consent Agenda - Approval of Action Summary A. 10-21&22-16 Meeting Action Summary - DFT3 (01-17-17) w-attachment |
| III. Action - Consideration of Rules Returning from Public Comment |
| A. | Rule 1.0 [1-100] Purpose and Function of the Rules of Professional Conduct III. Action - Consideration of Rules Returning from Public Comment A. Rule 1.0 [1-100] - Rule - XDFT1 (10-26-16) |
| B. | Rule 1.2.1 [3-210] Advising or Assisting the Violation of Law III. Action - Consideration of Rules Returning from Public Comment B. Rule 1.2.1 [3-210] - Rule - YDFT1 (01-16-17) |
| C. | Rule 1.3 [3-110(B)] Diligence III. Action - Consideration of Rules Returning from Public Comment C. Rule 1.3 [3-110] - Rule - XDFT1 (10-26-16) |
| D. | Rule 1.5 [4-200] Fees for Legal Services III. Action - Consideration of Rules Returning from Public Comment D. Rule 1.5 [4-200] - Rule - XDFT1 (10-26-16) - rev2 |
| E. | Rule 1.7 [3-310] Conflict of Interests: Current Clients III. Action - Consideration of Rules Returning from Public Comment E. Rule 1.7 [3-310] - Rule - YDFT1 (01-05-17)Attachments: ATT1 Rule 1.7 [3-310] - E-mails, etc. - REV (01-16-17) |
| F. | Rule 1.8.1 [3-300] Business Transactions with a Client and Pecuniary Interests Adverse to the Client III. Action - Consideration of Rules Returning from Public Comment F. Rule 1.8.1 [3-300] - Rule - XDFT1 (10-26-16) |
| G. | Rule 1.8.3 [4-400] Gifts from Client III. Action - Consideration of Rules Returning from Public Comment G. Rule 1.8.3 [4-400] - Rule - XDFT1 (10-26-16) |
| H. | Rule 1.8.5 [4-210] Payment of Personal or Business Expenses Incurred by or for a Client III. Action - Consideration of Rules Returning from Public Comment H. Rule 1.8.5 [4-210] - Rule - XDFT1 (10-26-16) |
| I. | Rule 1.8.7 [3-310(D)] Aggregate Settlements III. Action - Consideration of Rules Returning from Public Comment I. Rule 1.8.7 [3-310(D)] - Rule - XDFT1 (10-26-16) |
| J. | Rule 1.8.10 [3-120] Sexual Relations with Client III. Action - Consideration of Rules Returning from Public Comment J. Rule 1.8.10 [3-120] - Rule - XDFT1 (10-26-16) |
| K. | Rule 1.9 [3-310(E)] Duties to Former Clients III. Action - Consideration of Rules Returning from Public Comment K. Rule 1.9 [3-310(E)] - Rule - XDFT2 (11-17-16)-BOT |
| L. | Rule 1.11 Special Conflicts of Interest for Former and Current Government Officials and Employees III. Action - Consideration of Rules Returning from Public Comment L. Rule 1.11 - Rule - YDFT1 (01-12-17)-ML |
| M. | Rule 1.12 Former Judge, Arbitrator, Mediator or Other Third-Party Neutral III. Action - Consideration of Rules Returning from Public Comment M. Rule 1.12 - Rule - YDFT1 (01-12-17)-ML) |
| N. | Rule 1.13 [3-600] Organization as Client III. Action - Consideration of Rules Returning from Public Comment N. Rule 1.13 [3-600] - Rule - XDFT2 (11-17-16)-BOT |
| O. | Rule 1.14 Client with Diminished Capacity III. Action - Consideration of Rules Returning from Public Comment O. Rule 1.14 - Rule - XDFT1 (10-26-16) |
| P. | Rule 1.15 [4-100] Safekeeping Funds and Property of Clients and Other Persons III. Action - Consideration of Rules Returning from Public Comment P. Rule 1.15 [4-100] - Rule - XDFT1 (10-26-16) |
| Q. | Rule 1.16 [3-700] Declining or Terminating Representation III. Action - Consideration of Rules Returning from Public Comment Q. Rule 1.16 [3-700] - Rule - XDFT1 (10-26-16) |
| R. | Rule 1.17 [2-300] Sale of a Law Practice III. Action - Consideration of Rules Returning from Public Comment R. Rule 1.17 [2-300] - Rule - XDFT1 (10-26-16) |
| S. | Rule 1.18 (Duties to Prospective Client) III. Action - Consideration of Rules Returning from Public Comment S. Rule 1.18 - Rule - XDFT1 (11-02-16) - rev |
| T. | Rule 2.1 (Advisor) III. Action - Consideration of Rules Returning from Public Comment T. Rule 2.1 - Rule - XDFT1 (11-02-16) - rev |
| U. | Rule 3.1 [3-200] Meritorious Claims and Contentions III. Action - Consideration of Rules Returning from Public Comment U. Rule 3.1 [3-200] - Rule - XDFT1 (10-26-16) |
| V. | Rule 3.3 [5-200(A)-(D)] Candor Toward the Tribunal III. Action - Consideration of Rules Returning from Public Comment V. Rule 3.3 [5-200] - Rule - YDFT1 (01-13-17) |
| W. | Rule 3.5 [5-300, 5-320] Contact with Judges, Officials, Employees, and Jurors III. Action - Consideration of Rules Returning from Public Comment W. Rule 3.5 [5-300 5-320] - Rule - XDFT1 (10-26-16) |
| X. | Rule 3.9 Advocate in Nonadjudicative Proceedings III. Action - Consideration of Rules Returning from Public Comment X. Rule 3.9 - Rule - XDFT1 (10-26-16) |
| Y. | Rule 4.2 [2-100] Communication with a Represented Person III. Action - Consideration of Rules Returning from Public Comment Y. Rule 4.2 [2-100] - Rule - XDFT1 (10-27-15) |
| Z. | Rule 4.3 Communicating with an Unrepresented Person III. Action - Consideration of Rules Returning from Public Comment Z. Rule 4.3 - Rule - XDFT1 (10-26-16) |
| AA. | Rule 4.4 Duties Concerning Inadvertently Transmitted Writings III. Action - Consideration of Rules Returning from Public Comment AA. Rule 4.4 - Rule - XDFT1 (10-26-16) |
| BB. | Rule 5.1 Responsibilities of Managerial and Supervisory Lawyers III. Action - Consideration of Rules Returning from Public Comment BB. Rule 5.1 - Rule - XDFT1 (10-26-16)Attachments: ATT1 Rule 5.1 [3-110] - E-mails, etc. - REV (01-16-17) |
| CC. | Rule 5.3.1 [1-311] Employment of Disbarred, Suspended, Resigned, or Involuntarily Inactive Lawye III. Action - Consideration of Rules Returning from Public Comment CC. Rule 5.3.1 [1-311] - Rule - XDFT2 (11-17-16) - revAttachments: ATT1 Letter from Dain R Birkley JD (11-18-16) |
| DD. | Rule 5.6 [1-500] Restrictions on a Lawyer’s Right to Practice III. Action - Consideration of Rules Returning from Public Comment DD. Rule 5.6 [1-500] - Rule -XDFT2 (11-17-16)-BOT |
| EE. | Rule 7.1 [1-400] Communications Concerning a Lawyer’s Services III. Action - Consideration of Rules Returning from Public Comment EE. Rule 7.1 [1-400] - Rule - XDFT1 (10-26-16) |
| FF. | Rule 8.1 [1-200] False Statement Regarding Application for Admission III. Action - Consideration of Rules Returning from Public Comment FF. Rule 8.1 [1-200] - Rule - YDFT1 (01-10-17)Attachments: ATT1 Rule 8.1 [1-200] - E-mails, etc. - REV (01-16-17) |
| GG. | Rule 8.4 [1-120] Misconduct III. Action - Consideration of Rules Returning from Public Comment GG. Rule 8.4 [1-120] - Rule - XDFT1 (10-26-16) |
| HH. | Rule 8.4.1 [2-400] Prohibited Discrimination, Harassment and Retaliation III. Action - Consideration of Rules Returning from Public Comment HH. Rule 8.4.1 [2-400] - Rule - XDFT1 (10-26-16) |
| II. | 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] 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 |
| Full Text of the Public Comments Received Sorted by Commenter III. Action - Consideration of Rules Returning from Public Comment Public Comments Received By Commenter (01-18-17) v.2 |
Closed Session
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 | |