Misconduct sanctions

Proposed revisions to the Standards for Attorney Sanctions for Professional Misconduct would, among other things, add five aggravating circumstances and amend three mitigating circumstances, impose disbarment in many instances in which an attorney defaults in a disciplinary proceeding, require compliance with rule 9.20 if an actual suspension exceeds 60 days, and specify suspension periods.

Unsolicited e-mails and confidential information

Proposed Formal Opinion Interim No. 06-0004 asks: If an attorney receives from a non-party a confidential communication between opposing counsel and opposing counsel’s client what the attorney should do if he or she reasonably believes that the communication may not be privileged because of the crime-fraud exception to the attorney-client privilege.

Gifts from clients

Proposed Formal Opinion Interim No. 08-0001 considers when an attorney violates rule 4-400 of the California Rules of Professional Conduct by accepting a gift from a client.