Commission for the Revision of the Rules of Professional Conduct of the State Bar of California
Notice and Agenda
Saturday, May 7, 2016
9:00 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
Saturday, May 7, 2016
9:00 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
May 6th and May 7th meetings are identical. The agenda items to
be discussed on May 7th depend on the progress made on May 6th.
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 |
10 A. Oral Report |
| A. | Oral Report |
| II. Consent Agenda - Approval of Action Summary |
| A. | Regular Meeting on March 31 & April 1, 2016 (Open Session) II. Consent Agenda - Approval of Action Summary A. 03-31 & 04-01-16 Meeting Draft Action Summary |
| III. Action |
| A. | Report and Recommendation on Rule 3-310 (Avoiding the Representation of Adverse Interests) (ABA Model Rule 1.9 (Duties to Former Clients)) III. Action A. Rule 3-310 [1.9] - Report Recommendation - DFT1.7 (02-04-16)Attachments: ATT1 Zitrin Letter [1.7 - 3-310] (04-26-16)ATT2 Post-Agenda E-mails, etc. - REV (05-03-16) |
| B. | Report and Recommendation on Rule 3-300 (Avoiding Interests Adverse to a Client) (including ABA Model Rules 1.8(d) & 1.8(i) (Conflict of Interest: Current Clients: Specific Rules)) III. Action B. Rule 3-300 [1.8.1] - Report & Recommendation - DFT1.3 (03-14-16)Attachments: ATT1 Zitrin Letter [1.8.1 - 3-300] (04-26-16)ATT2 Difuntorum Memo w-Rule DFT1.4 (03-22-16)ATT3 Post-Agenda E-mails, etc. - REV (05-03-16) |
| C. | 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 C. Rule 4-100 [1.15] - Report & Recommendation - DFT1.3 (03-16-16)Attachments: ATT1 Post-Agenda E-mails, etc. - REV (05-02-16) |
| D. | Report and Recommendation on Rule 5-100 (Threatening Criminal, Administrative, or Disciplinary Charges) III. Action D. Rule 5-100 - Report & Recommendation - DFT1.3 (04-19-16)Attachments: ATT1 Rule 5-100 - Post-Agenda E-mails, etc. - REV (05-03-16) |
| E. | Report and Recommendation on Rule 5-120 (Trial Publicity) (including ABA Model Rule 3.6 (Trial Publicity)) III. Action E. Rule 5-120 [3.6] - Report Recommendation - DFT1.1 (04-19-16)Attachments: ATT1 Post-Agenda E-mails, etc. - REV (05-02-16) |
| F. | Report and Recommendation on Rule 5-210 (Member as Witness) (including ABA Model Rule 3.7 (Lawyer as Witness)) III. Action F. Rule 5-210 [3.7] - Report Recommendation - DFT1.1 (04-19-16)Attachments: ATT1 Post-Agenda E-mails, etc. - REV (05-03-16) |
| G. | Report and Recommendation on Rule 5-200(A-D) (Trial Conduct) (including ABA Model Rule 3.3 (Candor Toward the Tribunal)) III. Action G. Rule 5-200 [3.3] - Report & Recommendation - DFT2.2 (04-20-16)Attachments: ATT1 Elliot Bien Letter re 5-200 (06-08-15)ATT2 Elliot Bien Letter re 5-200 [3.3] (05-02-16)ATT3 Post-Agenda E-mails, etc. - REV (05-02-16) |
| H. | Report and Recommendation on Rules 5-200(E) (Trial Conduct), 5-220 (Suppression of Evidence), and 5-310 (Prohibited Contact With Witnesses) (including ABA Model Rule 3.4 (Fairness to Opposing Party and Counsel)) III. Action H. Rule 5-310 5-200 5-220 [3.4] - Report & Recommendation - DFT1.1 (04-16-16)Attachments: ATT1 Post-Agenda E-mails, etc. - REV (05-02-16) |
| I. | Report and Recommendation on Rules 5-300 (Contact With Officials) and 5-320 (Contact With Jurors) (including ABA Model Rule 3.5 (Impartiality And Decorum Of The Tribunal)) III. Action I. Rule 5-300 5-320 [3.5] - Report & Recommendation - DFT2.1 (04-20-16)Attachments: ATT1 Post-Agenda E-mails, etc. - REV (05-02-16) |
| J. | Discussion of ABA Model Rules 1.10 (Imputation of Conflicts of Interest: General Rule), 1.11 (Special Conflicts of Interest for Former and Current Government Officers and Employees), and 1.12 (Former Judge, Arbitrator, Mediator or Other Third-Party Neutral) III. Action J. Memo re Related Conflicts Rules (04-28-16) |
Closed Session
None* | |