Committee on Professional Responsibility & Conduct Notice and Agenda Friday, October 20, 2023 10:00 a.m. - 4:30 p.m. The State Bar of California 845 South Figueroa Street Boardroom, 2nd Floor Los Angeles, CA 90017
Questions regarding any agenda item should be directed to the Committee Coordinator(s), Erika Doherty at 180 Howard Street, San Francisco, CA 94105 or Chair, Brandon Krueger at 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: Sarah Banola, Elizabeth Bradley , Raquel Brown, Cassidy Chivers, Mary Grace Guzman, Joel Mark, Eleanor Mercado, William Munoz, Daniel O'Rielly, Vikita Poindexter, Deepika Ravi, Hunter Starr.
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/94820636100 Webinar ID: 948 2063 6100 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: September 15, 2023
Discussion of Board’s Request to Explore Use and Regulation of Artificial Intelligence, and Possible Approval of Guidelines and Recommendations Regarding Next Steps
C. Draft Opinions Previously Circulated for Public Comment
1.
Discussion of draft opinion 19-0003 [re Illegal Contract Provisions], and Possible Approval for Submission to the Board of Trustees Regulation and Discipline Committee or Possible Approval for Circulation for Public Comment
2.
Discussion of draft opinion 19-0004 [re Client File Release and Retention Duties], and Possible Approval for Submission to the Board of Trustees Regulation and Discipline Committee or Possible Approval for Circulation for Public Comment
3.
Discussion of draft opinion 20-0001 [re Lawyer as Expert Witness], and Possible Approval for Submission to the Board of Trustees Regulation and Discipline Committee or Possible Approval for Circulation for Public Comment
4.
Discussion of draft opinion 20-0002 [re Succession Planning], and Possible Approval for Submission to the Board of Trustees Regulation and Discipline Committee or Possible Approval for Circulation for Public Comment
C. Draft Opinions Previously Circulated for Public Comment
Discussion of draft opinion 20-0005 [re Conversion Clauses in Contingency Fee Agreements], and Possible Approval for Submission to the Board of Trustees Regulation and Discipline Committee or Possible Approval for Circulation for Public Comment
D. Draft Opinions Not Yet Circulated for Public Comment
1.
Discussion of draft opinion 20-0003 [re Flat Fees and Termination], and Possible Approval for Circulation for Public Comment
2.
Discussion of draft opinion 21-0003 [re Ethics of In-House Counsel], and Possible Approval for Circulation for Public Comment
D. Draft Opinions Not Yet Circulated for Public Comment
Discussion of draft opinion 22-0001 [re Attorney as Expert Witness and Handling of Retainers and Fees], and Possible Approval for Circulation for Public Comment
E. Draft Advisories Not Yet Circulated for Public Comment
1.
Discussion of Draft Arbitration Advisory 2022-0XA (formerly 1993-02) [re Standard of Review in Fee Disputes Where There Is a Written Fee Agreement], and Possible Approval for Circulation for Public Comment
2.
Discussion of Draft Arbitration Advisory 2022-0XB (formerly 1998-03) [re Determination of a ‘Reasonable’ Fee, and Possible Approval for Circulation for Public Comment
F. Discussion of New Opinion and Arbitration Advisory Topics
1.
Consideration, and Possible Approval, of New Opinion and Advisory Topics
F. Discussion of New Opinion and Arbitration Advisory Topics
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.
