Proposed New and Amended Rules

The Board of Trustees adopted proposed new and amended Rules of Professional Conducts at its November 17, 2016 and March 9, 2017 meetings. On March 30, 2017, the State Bar submitted the proposed rules to the California Supreme Court. Below is a link to the online docket posting at the California Courts website:

http://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=0&doc_id=2187064&doc_no=S240991 

There is an option to sign-up for automatic e-mail notifications concerning this matter at the bottom of the docket posting page.

Please note that rule amendments adopted by the Board of Trustees of the State Bar of California do not become operative unless and until they are approved by the Supreme Court. We are not aware of any deadline for the Court to act on the State Bar's request.


Compilations
- PDF of all proposed Rules (Clean)
-
Rule Numbering Cross-Reference Tables (CAL to Proposed Rule and Proposed Rule to ABA Model Rule)


Proposed Rule
CAL
Title
Word
1.0
1-100
Purpose and Function of the Rules of Professional Conduct
1.0.1
1-100(B)
Terminology
1.1
3-110
Competence
1.2   Scope of Representation and Allocation of Authority .doc
1.2.1 3-210 Advising or Assisting the Violation of Law .doc
1.3 3-110(B) Diligence
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 .doc
1.5
4-200
Fees for Legal Services
1.5.1
2-200
Fee Divisions Among Lawyers
1.6
3-100
Confidential Information of a Client
1.7 3-310(B)-(C) Conflict of Interest: Current Clients .doc
1.8.1 3-300 Business Transactions with a Client and Pecuniary Interests Adverse to a Client .doc
1.8.2

Use of Current Client's Information
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
1.8.6 3-310(F) Compensation from One Other Than Client .doc
1.8.7 3-310(D) Aggregate Settlements .doc
1.8.8 3-400 Limiting Liability to Client .doc
1.8.9
4-300
Purchasing Property at a Foreclosure or a Sale Subject to Judicial Review
1.8.10 3-120 Sexual Relations with Current Client .doc
1.8.11   Imputation of Prohibitions Under Rules 1.8.1 to 1.8.9 .doc
1.9
3-310
Duties to Former Clients .doc
1.10   Imputation of Conflicts of Interest: General Rule .doc
1.11   Special Conflicts of Interest for Former and Current Government Officials and Employees .doc
1.12   Former Judge, Arbitrator, Mediator or Other Third-Party Neutral .doc
1.13 3-600 Organization as Client .doc
1.14   Client with Diminished Capacity
1.15 4-100 Safekeeping Funds and Property of Clients and Other Persons .doc
1.16 3-700 Declining or Terminating Representation .doc
1.17  2-300  Sale of a Law Practice
.doc
1.18    Duties to Prospective Client
.doc
2.1
   Advisor .doc
2.4
  Lawyer as Third-Party Neutral
2.4.1
1-710
Lawyer as Temporary Judge, Referee, or Court-Appointed Arbitrator
3.1 3-200 Meritorious Claims and Contentions .doc
3.2   Delay of Litigation .doc
3.3
5-200(A)-(D)
Candor Toward the Tribunal .doc
3.4
5-200(E) / 5-220 / 5-310
Fairness to Opposing Party and Counsel .doc
3.5
5-300 / 5-320
Contact With Judges, Officials, Employees and Jurors .doc
3.6
5-120
Trial Publicity .doc
3.7 5-210 Lawyer as Witness .doc
3.8 5-110 / 5-220 Special Responsibilities of a Prosecutor .doc
3.9   Advocate in Nonadjudicative Proceedings .doc
3.10
5-100
Threatening Criminal, Administrative, or Disciplinary Charges .doc
4.1   Truthfulness in Statements to Others .doc
4.2
2-100
Communication with a Represented Person
4.3
  Communicating with an Unrepresented Person
4.4   Duties Concerning Inadvertently Transmitted Writings .doc
5.1
  Responsibilities of Managerial and Supervisory Lawyers
5.2
  Responsibilities of a Subordinate Lawyer
5.3
  Responsibilities Regarding Nonlawyer Assistants
5.3.1
1-311
Employment of Disbarred, Suspended, Resigned, or Involuntarily Inactive Lawyer
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
5.6
1-500
Restrictions on a Lawyer’s Right to Practice
6.3
  Membership in Legal Services Organization
6.5
1-650
Limited Legal Services Programs
7.1 1-400 Communications Concerning a Lawyer’s Services .doc
7.2 1-320(B)-(C) & (A)(4) / 1-400 / 2-200 Advertising .doc
7.3 1-400 Solicitation of Clients .doc
7.4 1-400 Communication of Fields of Practice and Specialization .doc
7.5 1-400 Firm Names and Trade Names .doc
8.1
1-200
False Statement Regarding Application for Admission to Practice Law
8.1.1
1-110
Compliance with Conditions of Discipline and Agreements in Lieu of Discipline
8.2
1-700
Judicial Officials
8.4
1-120
Misconduct
8.4.1 2-400 Prohibited Discrimination, Harassment and Retaliation .doc
8.5
1-100(D)
Disciplinary Authority; Choice of Law