Committee on Professional Responsibility and Conduct
Notice and Agenda
Friday, January 13, 2023
10:00 a.m. - 4:30 p.m.
Conference Call

The State Bar of California

Questions regarding any agenda item should be directed to the Committee Coordinator(s), Erika Doherty at 415-538-2172 or Chair, Sarah Banola at 415-538-2172. 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: Kenneth Bacon, Elizabeth Bradley , Raquel Brown, Cassidy Chivers, Brandon Krueger, Joel Mark, Eleanor Mercado, William Munoz, Daniel O'Rielly, Vikita Poindexter, Hunter Starr, Justin Fields.
The order of business is approximate and subject to change.

Members of the public may access this meeting as follows:
Zoom Link: https://calbar.zoom.us/j/97579300828
Webinar ID: 975-7930-0828
Call-In Number: 669-900-9128

Open Session

-- Call for Public Comment--
Please use this form to sign up to provide oral comments at the meeting. Public comment typically occurs at the beginning of each meeting; the chair has the discretion to allow for additional public comment periods during the meeting. Members of the public wishing to submit written comments may email them to coprac@calbar.ca.gov. The deadline to sign up and submit written comments is 24 hours before the start of the meeting. View the State Bar’s Public Comment Policy.

A. Remarks From the Chair
1. Call to Order
2. Roll Call
3. Call for Public Comment
4. Approval of Open Session Minutes: December 2, 2022
A. Remarks From the Chair
4. Approval of Open Session Minutes: December 2, 2022
5. Report of the Chair
6. Report of the Committee Coordinator
B. Discussion and Possible Approval of Draft Opinions Previously Circulated for Public Comment
1. 19-0003 [re Illegal Contract Provisions]
2. 19-0004 [re Client File Release and Retention Duties]
3. 20-0005 [re Conversion Clauses in Contingency Fee Agreements]
C. Discussion and Possible Approval of Draft Opinions Not Yet Circulated for Public Comment
1. 20-0001 [re Lawyer as Expert Witness]
C. Discussion and Possible Approval of Draft Opinions Not Yet Circulated for Public Comment
1. 20-0001 [re Lawyer as Expert Witness]
2. 20-0002 [re Succession Planning]
3. 20-0003 [re Flat Fees and Termination]
4. 21-0002 [re Attorney as Advocate]
5. 21-0003 [re Ethics of In-House Counsel]
C. Discussion and Possible Approval of Draft Opinions Not Yet Circulated for Public Comment
5. 21-0003 [re Ethics of In-House Counsel]
6. 21-0004 [re Ethical Obligation of a Deportation Attorney]
7. 21-0007 [re Cryptocurrency]
8. 22-0001 [re Attorney as Expert Witness and Handling of Retainers and Fees]
D. Discussion and Possible Approval of Draft Advisories Not Yet Circulated for Public Comment
1. 2022-0XA (formerly 1993-02) [re Standard of Review in Fee Disputes Where There Is a Written Fee Agreement]
2. 2022-0XB (formerly 1998-03) [re Determination of a ‘Reasonable’ Fee]
E. Discussion and Possible Approval of Special Projects and New Opinion and Arbitration Advisory Topics
1. Proposed New Rules of Professional Conduct 8.3
E. Discussion and Possible Approval of Special Projects and New Opinion and Arbitration Advisory Topics
1. Proposed New Rules of Professional Conduct 8.3
2. Finalization of Topics for the Ethics Symposium
E. Discussion and Possible Approval of Special Projects and New Opinion and Arbitration Advisory Topics
2. Finalization of Topics for the Ethics Symposium
3. State Bar Strategic Plan
4. ABA Formal Opinion 503
5. New Opinion and Arbitration Advisory Topics
Closed Session

NONE

In compliance with the Americans with Disabilities Act, those requiring modifications or accommodations to observe and address this meeting should notify Angela Marlaud at 415-538-2116. 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 are available at http://board.calbar.ca.gov/Committees.aspx.