Commission for the Revision of the Rules of Professional Conduct of the State Bar of California
Notice and Agenda
Friday, April 1, 2016
9:00 am - 4:30 pm
The State Bar of California
845 South Figueroa Street
Board Room, 2nd Floor
Los Angeles, CA 90017-2515
(213) 765-1000
Notice and Agenda
Friday, April 1, 2016
9:00 am - 4:30 pm
The State Bar of California
845 South Figueroa Street
Board Room, 2nd Floor
Los Angeles, CA 90017-2515
(213) 765-1000
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
March 31st and April 1st meetings are identical. The agenda items to
be discussed on April 1st depend on the progress made on March 31st.
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 |
| B. | Bagley-Keene Training |
| II. Consent Agenda - Approval of Action Summary |
| A. | Regular Meeting on February 19 & 20, 2016 (Open Session) II. Consent Agenda - Approval of Action Summary A. 02-19 & 20-2016 Meeting Action Summary DFT 4.1 - Final (03-22-16) |
| III. Action |
| A. | Post Public Comment Consideration of Rules 5-110 (Performing the Duty of Member in Government Service) and 5-220 (Suppression of Evidence) (including ABA Model Rule 3.8) III. Action A. Rule 5-110 - Revised DFT1.2 - Redline & ABA Letter (03-15-16)Attachments: ATT1 Rule 5-110 - Public Comment Synopsis Table - Combined (3-18-16)ATT2 Rule 5-110 Public Hearing Transcript (5-110 & 5-220) |
| B. | Report and Recommendation on Rule 1-400 (Advertising and Solicitation) (Including ABA Model Rules 7.1 – 7.5 re advertising, communications and direct contact) III. Action B. Rule 1-400 [7.1 - 7.5] - Cover Memo-Standards-Assignment MemoAttachments: ATT1 Rule 1-400 [7.1] - Report Recommendation - DFT3.3 (03-15-16)ATT2 Rule 1-400 [7.2] - Report Recommendation - DFT2.3 (03-12-16)ATT3 Rule 1-400 [7.3] - Report & Recommendation - DFT2.2 (03-14-16)ATT4 Rule 1-400 [7.4] - Report Recommendation - DFT1.1 (03-17-16)ATT5 Rule 1-400 [7.5] - Report & Recommendation - DFT2 (03-15-16)ATT6 Rule 1-400 [7.6] - Memo and Report re Rule 7.6 |
| C. | Report and Recommendation on Rule 3-210 (Advising the Violation of Law) (including ABA Model Rules 1.2 (Scope of Representation and Allocation of Authority Between Client and Lawyer) & 1.2.1 (Counseling or Assisting the Violation of Law)) III. Action C. Rule 3-210 [1.2] - Report & Recommendation - DFT2 (02-20-16)Attachments: ATT1 Rule 3-210 [1.2][1.2.1] - Post-Agenda E-mails, etc. - REV (03-28-16) |
| D. | Recommendation for Possible Reconsideration of Proposed Rule 1.4 [3-500] (Communication with Clients) Adopted by the Commission at the September 25 & 26, 2015 Meeting III. Action D. Rule 3-500 [1.4] - Memo re Rule 1.4 (03-18-16) |
| E. | 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 E. Rule 3-310 [1.7 to 1.12] - 03-23-16 Cover Memo re Agenda Materials - DFT1Attachments: ATT1 Rule 3-310 [1.7] - Revised Rule & Report Recommendation - DFT1.6 (02-04-16)ATT2 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][1.8.6][1.8.7][1.9][1.10][1.11] - Post-Agenda E-mails, etc. - REV (03-28-16) |
| F. | Report and Recommendation on Rule 3-300 (Avoiding Interests Adverse to a Client) (including ABA Model Rule 1.8 (Conflict of Interest: Current Clients: Specific Rules) III. Action F. Rule 3-300 [1.8.1] - Report & Recommendation - DFT1.3 (03-14-16)-1Attachments: ATT1 Rule 3-300 [1.8.1] - Post-Agenda E-mails, etc. - REV (03-28-16) |
| G. | Report and Recommendation on Rule 3-400 (Limiting Liability to Client) (including ABA Model Rule 1.8 Conflict of Interest: Current Clients: Specific Rules)) III. Action G. Rule 3-400 [1.8.8] - Report Recommendation - DFT2.1 (03-08-16) |
| H. | Report and Recommendation on Rule 3-410 (Disclosure of Professional Liability Insurance) (including ABA Model Rule 1.4(a)) III. Action H. Rule 3-410 [1.4.2] - Report Recommendation - DFT1.1 (03-14-16) |
| I. | Report and Recommendation on Rule 3-700 (Termination of Employment) (including ABA Model Rule 1.16 (Declining or Terminating Representation)) III. Action I. Rule 3-700 [1.16] - Report & Recommendation - DFT2.3 (03-14-16) |
| J. | Report and Recommendation on Rule 4-100 (Preserving Identify of Funds and Property of a Client) (including ABA Model Rule 1.15 (Safekeeping Property)) III. Action J. Rule 4-100 [1.15] - Report & Recommendation - DFT1.3 (03-16-16) |
| K. | Discussion of ABA Model Rules 1.10, 1.11, 1.12 & 1.18 and Guidance on Advance Consent/Waivers of Future Conflicts III. Action K. Memo re Related Conflicts Rules - DFT3 (03-15-16) w-attachments |
Closed Session
None* | |