Proposed New and Amended Rules Currently Circulating for Public Comment

At its June 2 - 3, 2016 meeting, the Commission completed the first stage of its project to propose comprehensive revisions by studying all of the current rules and, with one exception, all of the Model Rules. At its June 23, 2016 meeting, the Board authorized a 90-day public comment period on sixty-eight proposed new and amended rules prepared by the Commission as an initial report and recommendation for comprehensive revisions.

Recently, the Commission completed the second stage of its project by considering all of the public comments and public hearing testimony on the proposed rules. At its meeting on October 21 - 22, 2016, the Commission substantively changed some but not all of the proposed rules in response to the public input. On November 17, 2016, the Board adopted thirty-six proposed rules that were not revised, or were not substantively revised after consideration of public input. The Board also authorized an additional 45-day public comment period on the thirty-four of proposed rules that have been substantively changed in response to the public input.

The deadline to submit public comment is Monday, January 9, 2017.  Comments should be submitted using the online public comment form.

PDF of All the Proposed Rules with a Table of Contents - Green rule titles indicate the rule has been adopted by the Board. Red rule titles indicate that the rule is circulating for an additional 45-day public comment. All of the proposed rules are provided in this document to allow the Board to see the proposed rules in context as many rules are interrelated and include key cross references to other rules.

Rule Numbering Cross-Reference Table (Current California Rule to Proposed Rule)


PROPOSED RULES CIRCULATING FOR AN ADDITIONAL 45-DAY PUBLIC COMMENT PERIOD

The PDF documents below contains the following: (1) executive summary; (2) clean version of the proposed Rule; (3) redline comparison to the previous public comment draft of the rule; (4) redline comparison to the current California Rule, ABA Model Rule, or both; and (5) public comment synopsis table of comment letters and public hearing testimony received and the Commission's response.  The Word documents contains the full text of the proposed Rule.

Proposed Rule
CAL
Title
PDF
Word
1.0
1-100
Purpose and Function of the Rules of Professional Conduct
1.2.1 3-210 Advising or Assisting the Violation of Law .pdf .doc
1.3   Diligence
1.5
4-200
Fees for Legal Services
1.7 3-310 Conflict of Interest: Current Clients .pdf .doc
1.8.1 3-300 Business Transactions with a Client and Pecuniary Interests Adverse to a Client .pdf .doc
1.8.3
4-400
Gifts from Client
1.8.5
4-210
Payment of Personal or Business Expenses Incurred by or for a Client
1.8.7 3-310 Aggregate Settlements .pdf .doc
1.8.10 3-120 Sexual Relations with Current Client .pdf .doc
1.9
3-310
Duties To Former Clients .pdf .doc
1.11   Special Conflicts of Interest for Former and Current Government Officials and Employees .pdf .doc
1.12   Former Judge, Arbitrator, Mediator Or Other Third-Party Neutral .pdf .doc
1.13 3-600 Organization as Client .pdf .doc
1.14   Client with Diminished Capacity
1.15 4-100 Safekeeping Funds and Property of Clients and Other Persons .pdf .doc
1.16 3-700 Declining or Terminating Representation .pdf .doc
1.17  2-300  Sale of a Law Practice .pdf .doc
 1.18    Duties To Prospective Client .pdf .doc
2.1    Advisor .pdf .doc
3.1 3-200 Meritorious Claims and Contentions .pdf .doc
3.3
5-200
Candor Toward The Tribunal .pdf .doc
3.5
5-300 /
5-320
Contact With Judges, Officials, Employees and Jurors .pdf .doc
3.9   Advocate in Nonadjudicative Proceedings .pdf .doc
4.2
2-100
Communication with a Represented Person
4.3
  Communicating with an Unrepresented Person
4.4   Duties Concerning Inadvertently Transmitted Writings .pdf .doc
5.1
  Responsibilities of Managerial and Supervisory Lawyers
5.3.1 1-311 Employment of Disbarred, Suspended, Resigned, or Involuntarily Inactive Lawyer
5.6 1-500 Restrictions on a Lawyer’s Right to Practice
7.1 1-400 Communications Concerning a Lawyer’s Services .pdf .doc
8.1
1-200
False Statement Regarding Application for Admission to Practice Law
8.4
1-120
Misconduct
8.4.1 2-400 Prohibited Discrimination, Harassment and Retaliation .pdf .doc

Compilations

- PDF of all proposed Rules (Clean)

- PDF of all proposed Rules (Public Comment Draft and CAL/Model Rule Redline)  

- Zip file of all proposed Rules (.doc)


PROPOSED RULES ADOPTED BY THE BOARD FOR SUBMISSION TO THE SUPREME COURT

The PDF documents below contains the following: (1) executive summary; (2) clean version of the proposed Rule; (3) redline comparison to the previous public comment draft of the rule; (4) redline comparison to the current California Rule, ABA Model Rule, or both; and (5) public comment synopsis table of comment letters and public hearing testimony received and the Commission's response.  The Word documents contains the full text of the proposed Rule.

Proposed Rule
CAL
Title
PDF
1.0.1
1-100(B)
Terminology
1.1
3-110
Competence
1.2 3-210 Scope of Representation and Allocation of Authority .pdf
1.4
3-500
Communication with Clients
1.4.1
3-510
Communication of Settlement Offers
1.4.2 3-410 Disclosure of Professional Liability Insurance .pdf
1.5.1
2-200
Fee Divisions Among Lawyers
1.6
3-100
Confidential Information of a Client
1.8.2
 
Use of Current Client's Information
1.8.6 3-310 Compensation From One Other Than Client .pdf
1.8.8 3-400 Limiting Liability to Client .pdf
1.8.9
4-300
Purchasing Property at a Foreclosure or a Sale Subject to Judicial Review
1.8.11   Imputation of Prohibitions Under Rules 1.8.1 to 1.8.9 .pdf
1.10   Imputation Of Conflicts Of Interest: General Rule .pdf
2.4
  Lawyer as Third-Party Neutral
2.4.1
1-710
Lawyer as Temporary Judge, Referee, or Court-Appointed Arbitrator
3.2   Delay of Litigation .pdf
3.4
5-310
Fairness to Opposing Party and Counsel .pdf
3.6
5-120
Trial Publicity .pdf
3.7 5-210 Lawyer as Witness .pdf
3.8 5-110 Special Responsibilities of a Prosecutor .pdf
3.10
5-100
Threatening Criminal, Administrative, or Disciplinary Charges .pdf
4.1   Truthfulness in Statements to Others .pdf
5.2
  Responsibilities of a Subordinate Lawyer
5.3
  Responsibilities Regarding Nonlawyer Assistants
5.4
1-320 /
1-310 /
1-600
Financial and Similar Arrangements with Nonlawyers
5.5
1-300
Unauthorized Practice of Law; Multijurisdictional Practice of Law
6.3
  Membership in Legal Services Organization
6.5
1-650
Limited Legal Services Programs
7.2 1-400 Advertising .pdf
7.3 1-400 Solicitation of Clients .pdf
7.4 1-400 Communications of Fields of Practice and Specialization .pdf
7.5 1-400 Firm Names and Letterheads .pdf
8.1.1
1-110
Compliance with Conditions of Discipline and Agreements in Lieu of Discipline
8.2
1-700
Judicial Officials
8.5
1-100(D)
Disciplinary Authority; Choice of Law

Compilations

- PDF of all proposed Rules (Clean)

- PDF of all proposed Rules (Public Comment Draft and CAL/Model Rule Redline)