Second commission to be appointed for attorney
ethics rules revision
The California Supreme Court has asked the State Bar to appoint
a second commission to complete the difficult task of revising attorney ethical
rules.
A previous rules revision commission spent nearly 10 years on
a proposal that called for the 45 existing rules to be replaced with 67 new rules.
But when it came time for the Supreme Court to review the proposal, the process
became too unwieldy, State Bar CEO Joseph Dunn said in an Aug. 11 letter to the
court.
“Among the fundamental problems is the lack of information
bar staff has at its disposal that would allow it to fully advise the court of
the reasoning underlying the State Bar Board’s approval of the rules, prepared
by a special committee more than 10 years ago, and of the rules themselves,” the
letter said.
On Sept. 19, the court granted the bar’s request to return
the 17 revised rules back to the bar so all the proposed rules could be
reconsidered. The court called for a new commission to be appointed by Nov. 26
and for it to finish its work by March 31, 2017.
“The court wishes to express its deep appreciation and
gratitude to the State Bar Board of Trustees, staff and members of the first commission
for the years of hard work they dedicated to this difficult project,” Court
Administrator Frank A. McGuire wrote.
McGuire’s letter said the second commission should start
with the current rules and focus on revisions that are needed to adapt to
changes in the law or “eliminate, where possible, any unnecessary differences
between California’s rules and those used by a preponderance of the states.”
California is the only state whose professional conduct
rules are not adapted from the American Bar Association Model Rules. While the ABA
rules may provide guidance, the court urged the commission to keep the rules as
a set of minimum disciplinary standards, avoiding rules that are purely
aspirational and limiting the use of comments.
The last comprehensive revision of the California rules
occurred in 1987. You can find the current
rules on the bar’s website.
Meanwhile, a separate effort to review the discipline standards
that govern attorneys is also nearing completion.
The Discipline Standards Task Force has been meeting since
May to discuss proposed changes that would help the public and attorneys better
understand what level of discipline can be expected based on the nature of the
misconduct involved.
The task force will ask the Board of Trustees this month to
seek public comment on proposed recommendations.