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Public Comment

State Bar complaint threats

Proposed Formal Opinion Interim No. 09­0001A interprets Rule 1-500(B) of the Rules of Professional Conduct of the State Bar of California and Business and Professions Code section 6090.5. It considers whether in settling a dispute with a former client, may an attorney seek: (1) the former client’s written representations that no State Bar complaint has been filed; (2) the former client’s representation that he or she has no present intention to file a State Bar complaint; (3) the former client’s written contractual agreement not to file a State Bar complaint against the attorney based on matters relating to or arising out of the representation; or (4) the former client’s oral agreement not to file a State Bar complaint against the attorney based on matters relating to or arising out of the representation?