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Public Comment

Conflict of Interest Code for Designated Employees

Proposed revisions to the list of Designated Employee Positions depict the current organizational structure and positions within the State Bar. Defunct positions are deleted. New positions are added based on a reasonable foreseeability that employees in the positions will make or participate in the making of decisions that may have a material effect on their financial interests.

Fee Arbitration

Proposed modification to State Bar Rules, Title 3, Division 4, Chapter 2, Fee Arbitration. The rules of State Bar programs have been undergoing revision since 2005. Rules governing the State Bar’s mandatory fee arbitration program are among the last to be revised. Revised rules are organized into a single structure called the Rules of the State Bar, recast into clearer and simpler language and follow shared basic principles.

Accredited Law School Rules

Proposed amendment of Rule 4.160(M) of the Accredited Law School Rules would require the schools to comply with all applicable and controlling state and federal anti-discrimination laws.

State Bar Open Meeting Rules

The proposal would amend portions of the State Bar’s open meeting rules to provide greater public access to State Bar meetings, consistent with the open meeting requirements of the Bagley Keene Open Meeting Act (Cal. Gov. Code § 11120 et seq.) Joint sessions of the Board and Board Committees may be noticed in accordance with the State Bar’s open meeting rules. The amendment would also prohibit attendance of a quorum of the Board at closed sessions of Board Committees authorized under Rule 6.55 (A)(1)-(3).

Confidential Information and Unsolicited E-mail Correspondence

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

Dissolution of Law Firm

Proposed Formal Opinion Interim No. 11 0003 considers: Upon dissolution of a law firm, what duties does an attorney formerly affiliated with the firm owe to a client on whose behalf he or she provided legal services if the attorney will no longer be representing the client following dissolution?  What duties does she owe to the client if she had no connection with or knowledge of the client prior to dissolution of the firm?  Do those duties differ depending on the nature of the attorney’s position with the firm?