Supreme Court Goes Old School On Revised Rules of Professional Conduct

2 Oct

Ten years of effort to bring California into some kind of compliance with national standards for attorney conduct now arguably down the drain. The concern, however, is that the Bar’s abandonment of the new proposed RPC reflects a growing effort to make those rules penal only, not aspirational.

Kafkaesq

Waybackmachine3After 10 years of effort by the State Bar of California Rules Revision Commission (RRC), and four years of dithering by the State Bar and the Supreme Court, the Court has confirmed that it will not adopt any of the RRC’s work product. The State Bar has been ordered to go back to the beginning, set up a new commission and come with a new set of Rules of Professional Conduct by March 2017.

The handwriting has been on the wall for a long time ( See New Rules of Professional Conduct: Obsolete on Arrival? Kafkaesq, February 2012.)   The project was begun under the aegis of former Chief Justice Ron George, who thought that it was important to bring California’ s rules in line with the “evolving national ethical standards” reflected in the American Bar Association’s Model Rules, especially after the ABA announced around the turn of the century…

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