Commission for the Revision of the Rules of Professional Conduct of the State Bar of California
Notice and Agenda
Saturday, January 21, 2017
9:00 am - 4:30 pm

State Bar of California
180 Howard Street
San Francisco, CA 94105

Questions regarding any agenda item should be directed to the Committee Coordinator, Randall Difuntorum at (415) 538-2161, 180 Howard Street, San Francisco, CA 94105 or Chair, Justice Lee Edmon at (415) 538-2107, 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: Jeffrey Bleich (Co-Vice-Chair), George Cardona, Danny Chou, Nanci Clinch, Hon. Karen Clopton, Joan Croker, Daniel Eaton, James Ham, Lee Harris, Tobi Inlender, Robert Kehr, Howard Kornberg, Carol Langford, Raul Martinez, Toby Rothschild, Hon. Dean Stout, Mark Tuft, Dean Zipser (Co-Vice-Chair).
The order of business is approximate and subject to change.

IMPORTANT NOTE RE: SATURDAY MEETING
There will be NO meeting held on Saturday, January 21, 2017.  The Commission
completed all matters on the agenda on Friday, January 20, 2017.

NOTE: This is a 2-day meeting. The agenda items and materials for both the
January 20th and January 21st meetings are identical. The agenda items to
be discussed on January 21st depend on the progress made on January 20th.

To Join by Conference Call
Toll-Free Dial-In Number: 1-855-520-7605
Conference Code: 253-541-0212#

Open Session

I. Chair's Report
A. Oral Report
II. Consent Agenda - Approval of Action Summary
A. Regular Meeting on October 21 & 22, 2016 (Open Session)
III. Action - Consideration of Rules Returning from Public Comment
A. Rule 1.0 [1-100] Purpose and Function of the Rules of Professional Conduct
B. Rule 1.2.1 [3-210] Advising or Assisting the Violation of Law
C. Rule 1.3 [3-110(B)] Diligence
D. Rule 1.5 [4-200] Fees for Legal Services
E. Rule 1.7 [3-310] Conflict of Interests: Current Clients
F. Rule 1.8.1 [3-300] Business Transactions with a Client and Pecuniary Interests Adverse to the Client
G. Rule 1.8.3 [4-400] Gifts from Client
H. Rule 1.8.5 [4-210] Payment of Personal or Business Expenses Incurred by or for a Client
I. Rule 1.8.7 [3-310(D)] Aggregate Settlements
J. Rule 1.8.10 [3-120] Sexual Relations with Client
K. Rule 1.9 [3-310(E)] Duties to Former Clients
L. Rule 1.11 Special Conflicts of Interest for Former and Current Government Officials and Employees
M. Rule 1.12 Former Judge, Arbitrator, Mediator or Other Third-Party Neutral
N. Rule 1.13 [3-600] Organization as Client
O. Rule 1.14 Client with Diminished Capacity
P. Rule 1.15 [4-100] Safekeeping Funds and Property of Clients and Other Persons
Q. Rule 1.16 [3-700] Declining or Terminating Representation
R. Rule 1.17 [2-300] Sale of a Law Practice
S. Rule 1.18 (Duties to Prospective Client)
T. Rule 2.1 (Advisor)
U. Rule 3.1 [3-200] Meritorious Claims and Contentions
V. Rule 3.3 [5-200(A)-(D)] Candor Toward the Tribunal
W. Rule 3.5 [5-300, 5-320] Contact with Judges, Officials, Employees, and Jurors
X. Rule 3.9 Advocate in Nonadjudicative Proceedings
Y. Rule 4.2 [2-100] Communication with a Represented Person
Z. Rule 4.3 Communicating with an Unrepresented Person
AA. Rule 4.4 Duties Concerning Inadvertently Transmitted Writings
BB. Rule 5.1 Responsibilities of Managerial and Supervisory Lawyers
CC. Rule 5.3.1 [1-311] Employment of Disbarred, Suspended, Resigned, or Involuntarily Inactive Lawyer
DD. Rule 5.6 [1-500] Restrictions on a Lawyer’s Right to Practice
EE. Rule 7.1 [1-400] Communications Concerning a Lawyer’s Services
FF. Rule 8.1 [1-200] False Statement Regarding Application for Admission
GG. Rule 8.4 [1-120] Misconduct
HH. Rule 8.4.1 [2-400] Prohibited Discrimination, Harassment and Retaliation
II. Consideration of Model Rules Rejected by Commission [if warranted by public comment received on a rejected rule or as a result of consideration of any other agenda item]
Model Rule 2.3 Evaluation for Use by Third Parties
Model Rule 5.7 Responsibilities Regarding Law Related Services
Model Rule 6.1 Voluntary Pro Bono Publico Service
Model Rule 6.2 Accepting Appointments
Model Rule 6.4 Law Reform Activities
Model Rule 7.6 Political Contributions to Obtain Government Engagements or Appointments by Judges
Model Rule 8.3 Reporting Professional Misconduct
Full Text of the Public Comments Received Sorted by Commenter
Closed Session




ADJOURN


In compliance with the Americans with Disabilities Act, those requiring accommodations at this meeting should notify Carol Madeja at (213) 765-1329. 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 is available at: http://board.calbar.ca.gov/Board.aspx
   
 
Close
III. Action - Consideration of Rules Returning from Public Comment:

Attachments:
None