New Rules of Professional Conduct
Oct. 30, 2018
Professional Responsibility
Commentaries from California attorneys on the first major overhaul of the California Rules of Professional Conduct, set to take effect Nov. 1, 2018.
In This Issue:
Rule 1.2.1
Assisting, Soliciting, or Inducing Violations (Rule Approved by the Supreme Court Pending the State Bar's Submission of Additional Revisions)Ethics/Professional Responsibility, Law Practice
ANALYSIS: Rule 1.18
California's new Rules of Professional Conduct, effective Nov. 1, will implement a new ethical rule imposing duties of confidentiality and fidelity on attorneys who obtain confidential information from prospective clients.MCLE
Oct. 17, 2018
Ethics/Professional Responsibility, Law Practice
ANALYSIS: Rule 1.7
The new rules changes the rules governing conflicts involving current representations. But don't be alarmed.MCLE
Oct. 17, 2018
Ethics/Professional Responsibility, Law Practice
ANALYSIS: Rules 5.1, 5.2 & 5.3
The new Rules of Professional Conduct include, for the first time in California, disciplinary rules specifically addressing the duties of lawyers who manage or supervise other lawyers or legal staff as well as the duties of subordinate lawyers.MCLE
Oct. 17, 2018
Ethics/Professional Responsibility, Law Practice
ANALYSIS: Rule 1.8.5
Where the state once took a more restrictive view of the payment of client expenses under the auspices of an attorney-client relationship, beginning Nov. 1, California lawyers will be expressly permitted to pay certain costs on behalf of their indigent clients.MCLE
Oct. 17, 2018
Ethics/Professional Responsibility, Law Practice
ANALYSIS: Rule 1.15
This might be the new rule of conduct that has the most impact on how California lawyers practice, especially solo and small firm lawyers.MCLE
Oct. 17, 2018
Ethics/Professional Responsibility, Law Practice
The new conduct rules: a snapshot
On May 10, the California Supreme Court issued an order approving a new set of Rules of Professional Conduct, the first comprehensive overhaul of California's ethics rules since 1989.MCLE
Oct. 17, 2018
Ethics/Professional Responsibility, Law Practice
ANALYSIS: Rule 4.4
Under the new rules, duty is just a click away: A new rule of conduct establishes an affirmative duty on the recipient to act and further the protection of privilege.Ethics/Professional Responsibility, Law Practice
ANALYSIS: Rule 1.5
The new rules continue to remind us that there are limitations on the amount and ways we can charge our clients.Ethics/Professional Responsibility, Law Practice
ANALYSIS: Rule 5.4
Lawyers should have professional relationships that minimize the risk that nonlawyers will interfere with their independent judgment.MCLE
Oct. 17, 2018
Ethics/Professional Responsibility, Law Practice
ANALYSIS: Rules 3.3, 4.1
The current state bar rule of professional conduct dealing with dishonest lawyers imposes a duty of candor that is by its own terminology, is limited to the courtroom. That will change Nov. 1.Ethics/Professional Responsibility, Law Practice
ANALYSIS: Rule 8.4
Beginning Nov. 1, California lawyers will have an entirely new definition of misconduct.Ethics/Professional Responsibility, Law Practice
ANALYSIS: Rule 1.3
Prior to the Supreme Court’s adoption of this new rule, the duty of diligence was a component of current Rule 3-110, Failing to Act Competently.Ethics/Professional Responsibility, Law Practice
ANALYSIS: Rule 1.9 (substantial relationship test)
New Rule 1.9 provides that a lawyer may not represent a person materially adverse to a former client, without the former client's consent, "in the same or a substantially related matter," regardless of whether the lawyer actually obtained confidential information.Ethics/Professional Responsibility, Law Practice
ANALYSIS: Rule 8.5
The new Rules of Professional Conduct will result in a significant change regarding when California will apply its own rules of professional conduct as opposed to the rules of another jurisdiction.Ethics/Professional Responsibility, Law Practice
ANALYSIS: Rule 1.9 (use of confidential information)
An interesting aspect of the new rule is the discussion of a lawyer's use of confidential information related to representation of a former client.Ethics/Professional Responsibility, Law Practice
ANALYSIS: Rule 1.13
While the current rule did not undergo a complete overhaul, the intent of the drafters is clear: encourage transparency and reporting amongst legal professionals and their organizational clients.Ethics/Professional Responsibility, Law Practice
Mind the more mundane ethical rules, too
With the new Rules of Professional Conduct set to take effect Nov. 1, it is a good moment to consider the impact of more mundane ethical violations. A recent case provides an example.Ethics/Professional Responsibility, Law Practice
The disruptive and controversial new rules
Part one of a three-part series on the new ethics rules.MCLE
Oct. 17, 2018
Ethics/Professional Responsibility, Law Practice
The uncontroversial, but important new rules
Part two of a three-part series on the new ethics rules.MCLE
Oct. 17, 2018
Ethics/Professional Responsibility, Law Practice
The entirely new rules
Part three of a three-part series on the new ethics rules.MCLE
Oct. 17, 2018