Committee on Professional Responsibility and Conduct
Notice and Agenda
Friday, June 21, 2024
10:00 a.m. - 4:30 p.m.
Conference Call


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/97951000205
Webinar ID:  979-5100-0205
Call-In Number: 669-900-9128
Members of the public may also access this meeting as follows:
180 Howard Street, San Francisco, CA 94105

Open Session

Call for Public Comment
Members of the public are encouraged to use this form for public comment. Completing this form is not required; however, those that sign up in advance will be called first. Public comment typically occurs at the beginning of each meeting; the chair has the discretion to move the public comment period or 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. 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: May 10, 2024
5. Report of the Chair
6. Report of the Committee Coordinator
B. Draft Opinions Previously Circulated for Public Comment
1. Discussion of Draft Opinion 19-0004 [re Client File Release and Retention Duties], Update on Public Comments Received to date during Comment Period, and Possible Approval and Submission to the Board of Trustees
2. Discussion of Draft Opinion 20-0001 [re Lawyer as Expert Witness], Update on Public Comments Received to date during Comment Period, and Possible Approval and Submission to the Board of Trustees
3. Discussion of Draft Opinion 20-0002 [re Succession Planning], Update on Public Comments Received to date during Comment Period, and Possible Approval and Submission to the Board of Trustees
4. Discussion of Draft Opinion 20-0003 [re Flat Fees and Termination], Update on Public Comments Received to date during Comment Period, and Possible Approval and Submission to the Board of Trustees
5. Discussion of Draft Opinion 20-0005 [re Conversion Clauses in Contingency Fee Agreements], Update on Public Comments Received to date during Comment Period, and Possible Approval and Submission to the Board of Trustees
6. Discussion of Draft Opinion 21-0003 [re Ethics of In-House Counsel], Update on Public Comments Received to date during Comment Period, and Possible Approval and Submission to the Board of Trustees
7. Discussion of Draft Opinion2021-206 [re Revised Formal Opinion on Colleague Impairment], Update on Public Comments Received to date during Comment Period, and Possible Approval and Submission to the Board of Trustees
C. Draft Opinions Not Yet Circulated for Public Comment
1. Discussion of Draft Opinion 21-0007 [re Cryptocurrency], and Possible Approval for Circulation for Public Comment
2. 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
D. Draft Advisories Previously 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
E. Possible Proposed Amendments to the Rules of Professional Conduct
1. Consideration of ABA Model Rule 1.16, and Possible Approval and Submission to the Board of Trustees
2. Consideration to Amend Rules of Professional Conduct, Rules 3.6 and 4.1, and Possible Approval and Submission to the Board of Trustees
F. Special Projects
1. Ethics Quarterly
G. Planning and Discussion of New Opinion and Arbitration Advisory Topics
1. Consideration of Abortion access opinion
2. Consideration of Unenforceable Contract Provisions opinion
3. Consideration, and Possible Approval, of New Opinion and Advisory Topics
Closed Session

None

In compliance with the Americans with Disabilities Act and the Bagley-Keene Open Meeting Act, those requiring modifications or accommodations to address and observe this meeting should submit this form at least 72 hours prior to the meeting to allow sufficient time to make arrangements for accommodations at this meeting. Any doubt whatsoever regarding a specific request will be resolved in favor of accessibility. If you disagree with the initial determination regarding your request for accommodations at the meeting, you can request review of that determination by the State Bar’s ADA coordinator. To initiate this review, please respond to your determination up to 24 hours prior to the meeting. More information regarding the accessibility of the State Bar’s proceedings, services, and programs is available on the State Bar’s website at https://www.calbar.ca.gov/accessibility.