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California Rules of Professional Conduct 2021

The Rules of Professional Conduct2020 TABLE OF CONTENTS 2020 i Rules OF Professional Conduct CROSS-REFERENCE TABLES 1992 Rules to the Current Rules iii Current Rules to the 1992 Rules vii Rules OF Professional Conduct Rule Purpose and Function of the Rules of Professional Conduct 1 Rule Terminology 2 CHAPTER 1. LAWYER-CLIENT RELATIONSHIP Rule Competence 3 Rule Scope of Representation and Allocation of Authority 4 Rule Advising or Assisting the Violation of Law 5 Rule Diligence 5 Rule Communication with Clients 6 Rule Communication of Settlement Offers 6 Rule Disclosure of Professional Liability Insurance 6 Rule Fees for Legal Services 7 Rule Fee Divisions Among Lawyers 8 Rule Confidential Information of a Client 8 Rule Conflict of Interest: Current Clients 12 Rule Business Transactions with a Client and Pecuniary Int

5-220 Suppression of Evidence (Note: Rule 5-220 was revised effective May 1, 2017.) 5-310 Prohibited Contact With Witnesses (Note: See also Rule 5-110 was revised effective November 2, 2017.) 3.5 Contact with Judges, Officials, Employees, and Jurors 5-300 Contact With Officials 5-320 Contact With Jurors 3.6 Trial Publicity 5-120 Trial Publicity

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Transcription of California Rules of Professional Conduct 2021

1 The Rules of Professional Conduct2020 TABLE OF CONTENTS 2020 i Rules OF Professional Conduct CROSS-REFERENCE TABLES 1992 Rules to the Current Rules iii Current Rules to the 1992 Rules vii Rules OF Professional Conduct Rule Purpose and Function of the Rules of Professional Conduct 1 Rule Terminology 2 CHAPTER 1. LAWYER-CLIENT RELATIONSHIP Rule Competence 3 Rule Scope of Representation and Allocation of Authority 4 Rule Advising or Assisting the Violation of Law 5 Rule Diligence 5 Rule Communication with Clients 6 Rule Communication of Settlement Offers 6 Rule Disclosure of Professional Liability Insurance 6 Rule Fees for Legal Services 7 Rule Fee Divisions Among Lawyers 8 Rule Confidential Information of a Client 8 Rule Conflict of Interest.

2 Current Clients 12 Rule Business Transactions with a Client and Pecuniary Interests Adverse to a Client 15 Rule Use of Current Client s Information 16 Rule Gifts from Client 16 Rule [Reserved] 16 Rule Payment of Personal or Business Expenses Incurred by or for a Client 16 Rule Compensation from One Other than Client 17 Rule Aggregate Settlements 18 Rule Limiting Liability to Client 18 Rule Purchasing Property at a Foreclosure or a Sale Subject to Judicial Review 18 Rule Sexual Relations with Current Client 18 Rule Imputation of Prohibitions Under Rules to 19 Rule Duties to Former Clients 19 Rule Imputation of Conflicts of Interest.

3 General Rule 20 Rule Special Conflicts of Interest for Former and Current Government Officials and Employees 21 Rule Former Judge, Arbitrator, Mediator, or Other Third-Party Neutral 23 Rule Organization as Client 24 Rule [Reserved] 26 Rule Safekeeping Funds and Property of Clients and Other Persons* 26 Rule Declining or Terminating Representation 28 Rule Sale of a Law Practice 29 Rule Duties to Prospective Client 31 CHAPTER 2. COUNSELOR Rule Advisor 32 Rule [Reserved] 32 Rule [Reserved] 32 Rule Lawyer as Third-Party Neutral 32 Rule Lawyer as Temporary Judge, Referee, or Court-Appointed Arbitrator 32 CHAPTER 3.

4 ADVOCATE Rule Meritorious Claims and Contentions 33 Rule Delay of Litigation 33 Rule Candor Toward the Tribunal* 33 TABLE OF CONTENTS ii 2020 Rule Fairness to Opposing Party and Counsel 35 Rule Contact with Judges, Officials, Employees, and Jurors 35 Rule Trial Publicity 36 Rule Lawyer as Witness 37 Rule Special Responsibilities of a Prosecutor 38 Rule Advocate in Nonadjudicative Proceedings 39 Rule Threatening Criminal, Administrative, or Disciplinary Charges 40 CHAPTER 4. TRANSACTIONS WITH PERSONS* OTHER THAN CLIENTS Rule Truthfulness in Statements to Others 40 Rule Communication with a Represented Person* 41 Rule Communicating with an Unrepresented Person* 42 Rule Duties Concerning Inadvertently Transmitted Writings* 43 CHAPTER 5.

5 LAW FIRMS* AND ASSOCIATIONS Rule Responsibilities of Managerial and Supervisory Lawyers 43 Rule Responsibilities of a Subordinate Lawyer 44 Rule Responsibilities Regarding Nonlawyer Assistants 45 Rule Employment of Disbarred, Suspended, Resigned, or Involuntarily Inactive Lawyer 45 Rule Financial and Similar Arrangements with Nonlawyers 46 Rule Unauthorized Practice of Law; Multijurisdictional Practice of Law 48 Rule Restrictions on a Lawyer s Right to Practice 48 Rule [Reserved] 48 CHAPTER 6. PUBLIC SERVICE Rule [Reserved] 48 Rule [Reserved] 48 Rule Membership in Legal Services Organization 48 Rule [Reserved] 49 Rule Limited Legal Services Programs 49 CHAPTER 7.

6 INFORMATION ABOUT LEGAL SERVICES Rule Communications Concerning a Lawyer s Services 50 Rule Advertising 50 Rule Solicitation of Clients 51 Rule Communication of Fields of Practice and Specialization 52 Rule Firm* Names and Trade Names 52 Rule [Reserved] 53 CHAPTER 8. MAINTAINING THE INTEGRITY OF THE PROFESSION Rule False Statement Regarding Application for Admission to Practice Law 53 Rule Compliance with Conditions of Discipline and Agreements in Lieu of Discipline 53 Rule Judicial Officials 53 Rule [Reserved] 54 Rule Misconduct 54 Rule Prohibited Discrimination, Harassment and Retaliation 54 Rule Disciplinary Authority.

7 Choice of Law 56 Rules OF Professional Conduct CROSS-REFERENCE CHART 2020 iii 1992 Rules of Professional Conduct Rules effective until October 31, 2018 (Rule Number and Title) Current Rules of Professional Conduct Except as noted, Rules effective on November 1, 2018 (Rule Number and Title) 1-100(A) [ Rules of Professional Conduct , in General] Purpose and Function of the Rules of Professional Conduct 1-100(B) Terminology 1-100(D) Disciplinary Authority; Choice of Law 1-110 Disciplinary Authority of the State Bar Compliance with Conditions of Discipline and Agreements in Lieu of Discipline 1-120 Assisting, Soliciting, or Inducing Violations Misconduct 1-200 False Statement Regarding Admission to the State Bar False Statement Regarding Application for Admission to Practice Law 1-300 Unauthorized Practice of Law Unauthorized Practice of Law.

8 Multijurisdictional Practice of Law 1-310 Forming a Partnership With a Non-Lawyer Financial and Similar Arrangements with Nonlawyers 1-311 Employment of Disbarred, Suspended, Resigned, or Involuntarily Inactive Members Employment of Disbarred, Suspended, Resigned, or Involuntarily Inactive Lawyer 1-320(A) Financial and Similar Arrangements with Nonlawyers 1-320(A)(4) & (B)-(C) [Financial Arrangements With Non-Lawyer] (b) Advertising 1-400 Advertising and Solicitation Communications Concerning a Lawyer s Services Advertising Solicitation of Clients Communication of Fields of Practice and Specialization Firm Names and Trade Names 1-500 Agreements Restricting a Member's Practice Restrictions on a Lawyer s Right to Practice 1-600 Legal Service Programs Financial and Similar Arrangements with Nonlawyers 1-650 Limited Legal Service Programs Limited Legal Services Programs 1-700 Member as Candidate for Judicial Office Judicial Officials 1-710 Member as Temporary Judge, Referee.

9 Or Court-Appointed Arbitrator Lawyer as Temporary Judge, Referee, or Court-Appointed Arbitrator 2-100 Communication With a Represented Party Communication with a Represented Person 2-200(A) Financial Arrangements Among Lawyers Fee Divisions Among Lawyers 2-200(B) (b) Advertising 2-300 Sale or Purchase of a Law Practice of a Member, Living or Deceased Sale of a Law Practice 2-400 Prohibited Discriminatory Conduct in a Law Practice Prohibited Discrimination, Harassment and Retaliation 3-100 Confidential Information of a Client Confidential Information of a Client 3-110 Failing to Act Competently Competence 3-110(B) Diligence Rules OF Professional Conduct CROSS-REFERENCE CHART iv 2020 1992 Rules of Professional Conduct Rules effective until October 31, 2018 (Rule Number and Title)

10 Current Rules of Professional Conduct Except as noted, Rules effective on November 1, 2018 (Rule Number and Title) 3-110, Discussion .1 Rule Responsibilities of Managerial and Supervisory Lawyers Rule Responsibilities of a Subordinate Lawyer Rule Responsibilities Regarding Nonlawyer Assistants 3-120 Sexual Relations With Client Sexual Relations with Current Client 3-200 Prohibited Objectives of Employment Meritorious Claims and Contentions 3-210 Advising the Violation of Law Advising or Assisting the Violation of Law 3-300 Avoiding Interests Adverse to a Client Business Transactions with a Client and Pecuniary Interests Adverse to the Client 3-310(B), (C)


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