New Rules of Professional Conduct for California Lawyers

• Publication year: 2018
• Author: THEDA "TEDDY" SNYDER, ESQ.

New Rules of Professional Conduct for California Lawyers

THEDA "TEDDY" SNYDER, ESQ.

Los Angeles, California

The California Supreme Court has approved new rules of professional conduct for attorneys licensed in California, effective November 1, 2018. The focus of this article is the expansion of the existing settlement ethics rules—in particular, those that affect people trying to settle a case. Violation of the rules can lead to a range of disciplinary actions, including disbarment.

Note: The complete rules are accessible at www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-Professional-Conduct/New-Rules-of-Professional-Conduct.

Client Communication

Prior Rule 3-500, in a single sentence, required lawyers to keep clients reasonably informed about significant developments. New Rule 1.4 is more detailed. Now there's a two-way street: the lawyer must reasonably consult with the client about how to achieve the client's goals. What's more, the lawyer must also inform the client about what the lawyer cannot legally or ethically do, even if it's what the client expects.

Prior Rule 3-510 required lawyers to promptly communicate the specifics of a written settlement offer. A California lawyer need only pass along an oral settlement offer if the lawyer deems the offer significant. New Rule 1.4.1 preserves this distinction.

In evaluating settlement offers or making other decisions about the representation, the Comment to new Rule 2.1 clarifies that a lawyer can initiate advice to a client on relevant nonlegal issues, such as moral, economic, social, and political factors.

Diligence

Prior Rule 3-110 defined competence as including diligence. Now a separate Rule 1.3 prohibits a lawyer from "intentionally, repeatedly, recklessly or with gross negligence" failing to act with reasonable diligence.

New Rule 3.2 says, "[A] lawyer shall not use means that have no substantial purpose other than to delay or prolong the proceeding or to cause needless expense." Now an ethical rule may apply to needless court appearances and continuances and improperly postponed treatment.

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Truthfulness

New Rule 4.1 prohibits lawyers from knowingly making a false statement of material fact or law to a third person; that is, someone who is not a client, such as an opposing party or witness. A lawyer cannot knowingly incorporate or affirm the truth of someone else's false statement. A nondisclosure is the equivalent of a lie if the lawyer makes a partially true but misleading material...