Ethics News

Circulating for Public Comment

Thirteen (13) proposed amended Rules of Professional Conduct of the State Bar of California developed by the State Bar's Special Commission for the Revision of the Rules of Professional Conduct
Comment Deadline: June 6, 2008

Proposed Formal Opinion Interim No. 05-0001 (Modification of an Attorney Fee Agreement)
Comment Deadline: August 1, 2008

New Resources

Ethics Alert: The New Limited Exception to the Professional Duty to Protect Client Confidences and Secrets (23.5KB)

 

Newly published

NOW AVAILABLE: The newly revised 2008 Edition of the "Guide to the California Rules of Professional Conduct for Estate Planning, Trust and Probate Counsel". The Ethics Guide is intended to provide general guidance to California trusts and estates lawyers by identifying reasonable approaches to common problems. The Guide is particularly well suited to California practitioners, because it is sensitive to the unique framework of California jurisprudence. The Ethics Guide will be an essential addition to the library of every California trust and estate lawyer.

To order, go to Order Online -- Click on "Order Sections Products," then "Trusts and Estates Section". Or print out the Mail Publications Order Form.

State Bar Formal Opinion No. 2008-175: What are a successor attorney's ethical obligations when her client in a contingency fee matter instructs her not to notify prior counsel, who has a valid lien against the recovery, of the fact or the amount of a settlement?

Recently published

State Bar Formal Opinion No. 2007-174: Is an attorney ethically obligated, upon termination of employment, promptly to release to a client, at the client's request, (1) an electronic version of e-mail correspondence, (2) an electronic version of the pleadings, (3) an electronic version of discovery requests and responses, (4) an electronic deposition and exhibit database, and/or (5) an electronic version of transactional documents?

State Bar Formal Opinion No. 2007-173: (1)May an attorney, consistent with ethical obligations, deposit a client's will or other testamentary documents with a private will depository, without the client's consent? (2) May an attorney, consistent with ethical obligations, register a client's wiill or other testamentary documents with a private will registry, without the clinet's consent?

State Bar Formal Opinion No. 2007-172: (1) May an attorney ethically accept payment of earned fees from a client by credit card? (2) May an attorney ethically accept payment of fees not yet earned from a client by credit card? (3) May an attorney ethically accept payment of advances for costs and expenses from a client by credit card?