Commission for the Revision of the Rules of Professional Conduct of the State Bar of California
Notice and Agenda
Friday, September 30, 2016
10:00 am - 4:30 pm

Marriott Marquis San Diego Marina
South Tower, 4th Floor, Coronado Room
333 West Harbor Drive
San Diego, CA 92101
(619) 234-1500

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.
Open Session

I. Chair's Report
A. Oral Report
II. Consent Agenda - Approval of Action Summary
A. Regular Meeting on August 26, 2016 (Open Session)
II. Consent Agenda - Approval of Action Summary
08-26-16 RRC2 Meeting Action Summary - DFT4 (09-23-16)
III. Action
A. Report and Recommendation on Rule 2.1 (Advisor)
B. Consideration of Proposed Rules 1.0 - 1.3, including any public comments
III. Action
B. Cover Sheet 1.0 - 1.3
Attachments:
ATT1 Rule 1.0 [1-100] Proposed Rule-Commenter TableATT2 Rule 1.0.1 [1-100B] Proposed Rule-CommenterATT3 Rule 1.1 [3-110] Proposed Rule-Commenter TableATT4 Rule 1.2 [3-210] Proposed RuleATT5 Rule 1.2.1 [3-210] Proposed Rule-Revised RuleATT6 Rule 1.3 Proposed Rule-Redline-Commenter TableATT7 Rule 1.0-6.1 Email Compilation-Revised RuleATT8 Rule 1.0.1 Email Compilation-Revised RuleATT9 Rule 1.2-1.2.1 Email Compilation
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
C. Consideration of Proposed Rules 1.4 - 1.4.2, including any public comments
III. Action
C. Cover Sheet 1.4 - 1.4.2
Attachments:
ATT1 Rule 1.4 [3-500] Proposed RuleATT2 Rule 1.4.1 [3-510] Proposed RuleATT3 Rule 1.4.2 [3-410] Proposed RuleATT4 Rule 1.4 Email Compilation-Revised Rule
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
D. Consideration of Proposed Rules 1.5, 1.5.1, 1.15, and 1.16, including any public comments
III. Action
D. Cover Sheet 1.5-1.5.1-1.15-1.16
Attachments:
ATT1 Rule 1.5 [4-200] Proposed Rule-Commenter TableATT2 Rule 1.5.1 [2-200] Proposed Rule-Commenter TableATT3 Rule 1.15 [4-100] Proposed RuleATT4 Rule 1.16 [3-700] Proposed RuleATT5 Rule 1.5 [4-200] Email Compilation-Revised Rule
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
E. Consideration of Proposed Rules 1.6 and 1.14, including any public comments
III. Action
E. Cover Sheet 1.6-1.14
Attachments:
ATT1 Rule 1.6 [3-100] Proposed Rule-Commenter TableATT2 Rule 1.14 Proposed Rule-Commenter Table
Rule 1.6 [3-100] Confidential Information of a Client
Rule 1.14 Client with Diminished Capacity
F. Consideration of Proposed Rules 1.8.1 - 1.8.11, including any public comments
III. Action
F. Cover Sheet 1.8-1.8.11
Attachments:
ATT1 Rule 1.8.1 [3-300] Proposed Rule-Revised Provisional ReportATT2 Rule 1.8.2 Proposed RuleATT3 Rule 1.8.3 [4-400] Proposed RuleATT4 Rule 1.8.5 [4-210] Proposed RuleATT5 Rule 1.8.6 [3-310(F)] Proposed RuleATT6 Rule 1.8.7 [3-310(D)] Proposed RuleATT7 Rule 1.8.8 [3-400] Proposed Rule-Commenter TableATT8 Rule 1.8.9 [4-300] Proposed Rule-Commenter TableATT9 Rule 1.8.10 [3-120] Proposed Rule-Commenter TableATT10 Rule 1.8.11 Proposed RuleATT11 Rule 1.8.1 [3-300] Email Compilation
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
G. Consideration of Proposed Rules 1.7, 1.9 - 1.12, including any public comments
III. Action
G. Cover Sheet 1.7 1.9-1.12
Attachments:
ATT1 Rule 1.7 [3-310] Proposed Rule-Revised Rule-Comment Letter-EmailsATT2 Rule 1.9 [3-310(E)] Proposed Rule-Revised Rule-Commenter TableATT3 Rule 1.10 Proposed RuleATT4 Rule 1.11 Proposed RuleATT5 Rule 1.12 Proposed Rule
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
H. Consideration of Proposed Rules 1.13 and 1.17, including any public comments
III. Action
H. Cover Sheet 1.13 1.17
Attachments:
ATT1 Rule 1.13 [3-600] Proposed Rule-Commenter TableATT2 Rule 1.17 [2-300] Proposed Rule-R&R-Revised Rule-Commenter Table
Rule 1.13 [3-600] Organization as Client
Rule 1.17 [2-300] Sale of a Law Practice
I. Consideration of Proposed Rules 2.4 and 2.4.1, including any public comments
III. Action
I. Cover Sheet 2.4-2.4.1
Attachments:
ATT1 Rule 2.4 Proposed RuleATT2 Rule 2.4.1 [1-710] Proposed Rule
Rule 2.4 Lawyer as Third-Party Neutral
Rule 2.4.1 [1-710] Lawyer as Temporary Judge, Referee, or Court-Appointed Arbitrator
J. Consideration of Proposed Rules 3.1 - 3.10, including any public comments
III. Action
J. Cover Sheet 3.1-3.10
Attachments:
ATT1 Rule 3.1 [3-200] Proposed Rule-Commenter TableATT2 Rule 3.2 Proposed RuleATT3 Rule 3.3 [5-200] Proposed Rule-Revised Rule-Commenter TableATT4 Rule 3.4 [5-310 5-220 5-200(D)] Proposed RuleATT5 Rule 3.5 [5-300 5-320] Proposed Rule-Commenter TableATT6 Rule 3.6 [5-120] Proposed RuleATT7 Rule 3.7 [5-210] Proposed RuleATT8 Rule 3.8 [5-110] Proposed Rule-Commenter TableATT9 Rule 3.9 Proposed RuleATT10 Rule 3.10 [5-100] Proposed Rule
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
K. Consideration of Proposed Rules 4.1 - 4.4, including any public comments
III. Action
K. Cover Sheet 4.1-4.4
Attachments:
ATT1 Rule 4.1 Proposed RuleATT2 Rule 4.2 [2-100] Proposed RuleATT3 Rule 4.3 Proposed RuleATT4 Rule 4.4 Proposed RuleATT5 Rule 4.3 Email Compilation-Revised Rule
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
L. Consideration of Proposed Rules 5.1 - 5.6, including any public comments
III. Action
L. Cover Sheet 5.1-5.6
Attachments:
ATT1 Rule 5.1 Proposed Rule-Commenter TableATT2 Rule 5.2 Proposed Rule-Commenter TableATT3 Rule 5.3 Proposed Rule-Commenter TableATT5 Rule 5.4 [1320 1-310 1-600] Proposed Rule-Commenter TableATT6 Rule 5.5 [1-300] Proposed Rule-Commenter TableATT7 Rule 5.6 [1-500] Proposed Rule
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
M. Consideration of Proposed Rules 6.3 and 6.5, including any public comments
III. Action
M. Cover Sheet 6.3 6.5
Attachments:
ATT1 Rule 6.3 Proposed RuleATT2 Rule 6.5 Proposed Rule-Commenter Table
Rule 6.3 Membership in Legal Services Organizations
Rule 6.5 [1-650] Limited Legal Services Programs
N. Consideration of Proposed Rules 7.1 - 7.5, including any public comments
III. Action
N. Cover Sheet 7.1-7.5
Attachments:
ATT1 Rule 7.1 Proposed Rule-Commenter TableATT2 Rule 7.2 Proposed Rule-Commenter TableATT3 Rule 7.3 Proposed Rule-Commenter TableATT4 Rule 7.4 Proposed Rule-Commenter TableATT5 Rule 7.5 Proposed Rule-Commenter Table
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
O. Consideration of Proposed Rules 8.1 - 8.5, including any public comments
III. Action
O. Cover Sheet 8.1-8.5
Attachments:
ATT1 Rule 8.1 Proposed Rule-Commenter TableATT2 Rule 8.1.1 [1-110] Proposed RuleATT3 Rule 8.2 [1-700] Proposed RuleATT4 Rule 8.4 [1-120] Proposed Rule-Revised Rule-Commenter TableATT5 Rule 8.4.1 [2-400] Proposed Rule-Revised Rule-Commenter TableATT6 Rule 8.5 [1-100(D)] Proposed Rule
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
P. 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]
III. Action
P. Model Rules Rejected by Commission
Model Rule 1.18 Duties to Prospective Clients
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
IV. Discussion
A. 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)
Oral report.
B. Consideration of Model Rule 1.18 Duties to Prospective Clients
Oral report.
Closed Session




ADJOURN


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