VIEWING GUIDE February 7, 2019 - Ethics Edition . I¢S Team Five Judge Harry Walsh Terence Geoghegan Timothy Sotille Alyse Lazar Denise M. Trerotola Julie Taylor Daniel Taylor THE STARS DISH ON THEIR FAVORITE MOMENTS!Revisions to the State Bar Rules of Professional Conduct © Effective date November 1, 2018 © On-line version at http://www.calbar.ca.gov/Portals/0/documents/rules/Rules-of- Professional-Conduct.pdf + All rules were renumbered; 18 new rules were added; most others were clarified. Newly Added Rules: Rule 1.2 Scope of Representation and Allocation of Authority: A lawyer shall abide by the client’s decisions and can limit scope of representation with informed consent. New comment: A Iawyer's representation of a client does not constitute an endorsement of the client's political, economic, social or moral views or activities. Rule 1.8.2 Use of current client’s information: Confidentiality is part of loyalty owed to client. Rule 1.8.11 Imputation of prohibitions under Rules 1.8.1-9; Rule 1.10 Imputation of Conflicts of Interest; Rule 5.1 Responsibilities of Managerial and Supervisory Lawyers; Rule 5.2 Responsibilities of a Subordinate Lawyer; Rule 5.3 Responsibilities Regarding Nonlawyer Assistants: AU of these rules involve the Bar's oversight of law firms Rule 1.11 Special Conflicts of Interest for Former and Current Government Officials and Employees: Applies to entering and leaving public service and to law firms with exceptions Rule 1.12 Former Judge, Arbitrator, Mediator, or Other Third-Party Neutral: Conflicts rule and applicability to law firms Rule 1.18 Duties to Prospective Client: Explains when confidentiality applies and conflicts arise Rule 2.1 Advisor: Even though what client wants controls, lawyer must think independently Rule 2.4 Lawyer as Third-Party Neutral: Distinguishes advising vs. assisting 2 or more people Rule 3.2 Delay of Litigation: This is disciplinable offense unless there is a valid purpose for it Rule 3.9 Advocate in Nonadjudicative Proceedings: Obligation to identify the client when representing him/her in government matter Rule 4.1 Truthfulness in Statements to Others: Explains how to deal with client's dishonesty Rule 4.3 Communi ng with an unrepresented Person: Must identify yourself accurately Rule 4.4 Duties Concerning Inadvertently Transmitted Writings: Rule for recipiems Rule 6.3 Membership in legal ser s organization: Bar's support of volunteer workRules Significantly Changed in Part and/or Important Comments Added: Rule 1.0 Purpose/funetion of Rules: The rules are not designed to be a basis for civil liability Rule 1.1 Competence; Rule 1.3 Diligence: Adds “gross negligence” as basis for discipline Rule 1.2.1 Advising or assisting the violation of law: Permits lawyer to advise client regarding the validity, scope, and meaning of California laws that might conflict with federal or tribal law Rule 1.4 Communications with Clients: Much more specific than former rule 3-500 Rule 1.5 Fees for Legal Services: Adds fraud and failure to disclose material facts and a restriction on contingent fees for family law and criminal matters Rule 1.5.1 Fee Division Among Lawyers: Requires written agreement; referral fees not restricted Rule 1.8.3 Gifts from Client: Compliance with the requirements of Probate Code section 21384 Rule 1.8.7 Aggregate Settlements: Adds crin:inal agreements Rule 1.8.10 Sexual Relations with Current Client: Significantly changed Rule 1.9 Duties to Former Clients: Expanded to former law firms Rule 1.13 Organization as client: Significant language changes providing more guidance Rule 1.15 Safekeeping Funds/ Property: Adds non-client fiduciaries; exempts flat fees from C.I.A. with certain conditions; states requiremcnt to comply with State Bar authorized audits Rule 3.3 Candor Towards the Tribunal: Must correct false information; adds rule for ex partes Rule 3.4 Faimess to Opposing Party/Counsei: Access (o evidentiary materials and witnesses Rule 3.5 Contact with Judges, officials, employces and jurors: Expands applicability Rule 3.6 Trial Publicity: Expands prohibition to‘entire law firm Rule 3.7 Lawyer as Witness: Expands 10 non-jury trials, admin hearings and arbitrations Rule 5,5 Unauthorized Practice of Law/multijutisdictional practice of law: limits to “knowingly” Rule 7.1 Communications re lawyer’s services’ Can't be false or misleading Rule 8.2 Judicial Officials: Extends 10 lawyers” comments about judges Rule 8.4 Misconduct: Extends 10 conduct outside practice of law and as a pro per Rule 8.4.1 Prohibited Discrimination, harassment and retaliation: Deletes requirement that another tribunal finds discriminatory conduct before Bar proceeds