Committee on Professional Responsibility & Conduct
Notice and Agenda
Friday, December 3, 2021
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), Andrew Tuft at 415-538-2172 or Chair, Justin Fields 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, Sarah Banola, Elizabeth Bradley , Cassidy Chivers, Tobi Inlender, Brandon Krueger, Joel Mark, Eleanor Mercado, William Munoz, Kyla Rowe, Hunter Starr, Dena Roche.
The order of business is approximate and subject to change.

Members of the public may access this meeting as follows:
Toll-Free Dial-In Number: 1-669-900-9128
Meeting ID: 955 0606 8249
Zoom: https://calbar.zoom.us/j/95506068249

Open Session

A. Chair's Report
1. Roll Call
2. Public Comment
3. Announcements
4. Staff Report
5. Approval of Open Session Action Summary from the October 8, 2021 Meeting
A. Chair's Report
5. October 8, 2021 Meeting Action Summary
B. Discussion and Possible Approval of Draft Opinions Previously Circulated for Public Comment
1. 19-0004 [re Client File Release and Retention Duties]
B. Discussion and Possible Approval of Draft Opinions Previously Circulated for Public Comment
1. 19-0004 Client File Release and Retention Duties
2. 20-0004 [re Ethical Obligations when Working Remotely]
B. Discussion and Possible Approval of Draft Opinions Previously Circulated for Public Comment
2. 20-0004 Ethical Obligations When Working Remotely
C. Discussion and Possible Approval of Draft Opinions Not Yet Released 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]
C. Discussion and Possible Approval of Draft Opinions Not Yet Released for Public Comment
3. 20-0003 Flat Fees and Termination
4. 20-0005 [re Contingency Fee Agreements and Earning an Hourly Rate When Terminated]
C. Discussion and Possible Approval of Draft Opinions Not Yet Released for Public Comment
4. 20-0005 Contingency Fee Agreements
5. 21-0001 [re Trial Publicity]
6. 21-0002 [re Attorney as Advocate]
7. 21-0003 [re Ethics of In-House Counsel]
8. 21-0004 [re Ethical Obligation of a Deportation Attorney]
9. 21-0005 [re Criminal Defense Attorney Disclosure Obligations]
10. 21-0006 [re Negotiating Carve Out Provisions]
11. 21-0007 [re Cryptocurrency]
C. Discussion and Possible Approval of Draft Opinions Not Yet Released for Public Comment
11. 21-0007 Cryptocurrency
12. 21-0008 [re In-House Lawyer Compensation]
D. Oral Report on Opinions Currently Circulating for Public Comment
1. 19-0003 [re Improper Contract Provisions]
E. Special Projects
1. Outreach Working Group Report
2. Paraprofessional Rules of Professional Conduct
E. Special Projects
2. Paraprofessional Rules of Professional Conduct
3. 2022 Ethics Symposium Planning
E. Special Projects
3. 2022 Ethics Symposium Planning
4. Consideration of Request for Rule Amendment or Ethics Opinion re Campaign Contributions and Prosecutorial Conflicts Following 2021 Legislative Activity
E. Special Projects
4. Request re Campaign Contributions and Conflicts
Closed Session

None*

In compliance with the Americans with Disabilities Act, those requiring modifications or accommodations to observe and address this meeting should notify Lauren McCurdy at 415-538-2107. 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.