Wednesday, August 10, 2011

Pending Rule Changes in California

John Steele at the Legal Ethics Forum provides an excellent background and update on California’s move to adopt 70 new ethics rules (which are based on the ABA Model Rules):
  • “Although that large number of rules has been approved through the highest level of the State Bar (i.e., the Board of Governors), at this time only six rules have been submitted to the Supreme Court of California for immediate consideration… “
  • “As for advance waivers, the proposed rule 1.7 has a comment 22 that is, in my view, a reasonable statement of when advance waivers should be enforceable. As I've argued previously, courts should tacitly insist that corporate clients contract around the uncertainties surrounding the corporate affiliate conflicts problem and should enforce advance waivers when the client is a corporation that employs its own lawyer.”
The complete proposal is available at the California Bar web site.

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