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
5. Report of the Chair
6. Report of the Committee Coordinator
B. Special Projects
1. 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
5. 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
3. 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
Closed Session

None

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.

The notice and agenda are available at http://board.calbar.ca.gov/Committees.aspx.