Transcription of CALIFORNIA RULES OF PROFESSIONAL CONDUCT
1 CALIFORNIA RULES OF PROFESSIONAL CONDUCT . (Current RULES as of January 1, 2015. The operative (b) a law corporation which employs dates of select rule amendments are shown at the end more than one lawyer; or of relevant RULES .). CALIFORNIA RULES OF (c) a division, department, office, or PROFESSIONAL CONDUCT group within a business entity, which includes more than one lawyer who CHAPTER 1. performs legal services for the business PROFESSIONAL INTEGRITY IN GENERAL entity; or Rule 1-100 RULES of PROFESSIONAL CONDUCT , in (d) a publicly funded entity which General employs more than one lawyer to perform legal services. (A) Purpose and Function.
2 (2) Member means a member of the State The following RULES are intended to regulate Bar of CALIFORNIA . PROFESSIONAL CONDUCT of members of the State Bar through discipline. They have been adopted (3) Lawyer means a member of the State by the Board of Governors of the State Bar of Bar of CALIFORNIA or a person who is admitted in CALIFORNIA and approved by the Supreme Court good standing of and eligible to practice before of CALIFORNIA pursuant to Business and the bar of any United States court or the highest Professions Code sections 6076 and 6077 to court of the District of Columbia or any state, protect the public and to promote respect and territory, or insular possession of the United confidence in the legal profession.
3 These RULES States, or is licensed to practice law in, or is together with any standards adopted by the admitted in good standing and eligible to practice Board of Governors pursuant to these RULES shall before the bar of the highest court of, a foreign be binding upon all members of the State Bar. country or any political subdivision thereof. For a willful breach of any of these RULES , the (4) Associate means an employee or fellow Board of Governors has the power to discipline employee who is employed as a lawyer. members as provided by law. (5) Shareholder means a shareholder in a The prohibition of certain CONDUCT in these RULES PROFESSIONAL corporation pursuant to Business is not exclusive.
4 Members are also bound by and Professions Code section 6160 et seq. applicable law including the State Bar Act (Bus. & Prof. Code, 6000 et seq.) and opinions of (C) Purpose of Discussions. CALIFORNIA courts. Although not binding, opinions of ethics committees in CALIFORNIA should be Because it is a practical impossibility to convey in consulted by members for guidance on proper black letter form all of the nuances of these PROFESSIONAL CONDUCT . Ethics opinions and RULES disciplinary RULES , the comments contained in the and standards promulgated by other jurisdictions Discussions of the RULES , while they do not add and bar associations may also be considered.
5 Independent basis for imposing discipline, are intended to provide guidance for interpreting the These RULES are not intended to create new civil RULES and practicing in compliance with them. causes of action. Nothing in these RULES shall be deemed to create, augment, diminish, or eliminate (D) Geographic Scope of RULES . any substantive legal duty of lawyers or the non- disciplinary consequences of violating such a duty. (1) As to members: (B) Definitions. These RULES shall govern the activities of members in and outside this state, except as (1) Law Firm means: members lawfully practicing outside this state may be specifically required by a jurisdiction in (a) two or more lawyers whose activities which they are practicing to follow RULES of constitute the practice of law, and who PROFESSIONAL CONDUCT different from these RULES .
6 Share its profits, expenses, and liabilities; or 2015 CURRENT RULES 1. RULES OF PROFESSIONAL CONDUCT . (2) As to lawyers from other jurisdictions who the board of trustees. In accordance with this law, are not members: references to the board of governors included in the current RULES of PROFESSIONAL CONDUCT are deemed to These RULES shall also govern the activities of refer to the board of trustees. ]. lawyers while engaged in the performance of lawyer functions in this state; but nothing contained in these RULES shall be deemed to Rule 1-110 Disciplinary Authority of the authorize the performance of such functions by State Bar such persons in this state except as otherwise permitted by law.
7 A member shall comply with conditions attached to public or private reprovals or other discipline (E) These RULES may be cited and referred to as administered by the State Bar pursuant to Business RULES of PROFESSIONAL CONDUCT of the State Bar of and Professions Code sections 6077 and 6078 and CALIFORNIA . rule , CALIFORNIA RULES of Court. (Amended by order of the Supreme Court, operative July 11, 2008.). Discussion: The RULES of PROFESSIONAL CONDUCT are intended to Rule 1-120 Assisting, Soliciting, or Inducing establish the standards for members for purposes of Violations discipline. (See Ames v. State Bar (1973) 8 910 [106 489].)
8 The fact that a member has A member shall not knowingly assist in, solicit, or engaged in CONDUCT that may be contrary to these induce any violation of these RULES or the State Bar Act. RULES does not automatically give rise to a civil cause of action. (See Noble v. Sears, Roebuck & Co. (1973) 33 654 [109 269]; Rule 1-200 False Statement Regarding Wilhelm v. Pray, Price, Williams & Russell (1986) Admission to the State Bar 186 1324 [231 355].) These (A) A member shall not knowingly make a false RULES are not intended to supercede existing law relating to members in non-disciplinary contexts. statement regarding a material fact or knowingly (See, , Klemm v.)
9 Superior Court (1977) 75 fail to disclose a material fact in connection with 893 [142 509] (motion for an application for admission to the State Bar. disqualification of counsel due to a conflict of interest); Academy of CALIFORNIA Optometrists, Inc. v. (B) A member shall not further an application for Superior Court (1975) 51 999 [124 admission to the State Bar of a person whom the 668] (duty to return client files); member knows to be unqualified in respect to Chronometrics, Inc. v. Sysgen, Inc. (1980) 110 character, education, or other relevant attributes. 597 [168 196] (disqualification of member appropriate remedy for improper (C) This rule shall not prevent a member from serving communication with adverse party).
10 As counsel of record for an applicant for admission to practice in proceedings related to such admission. Law firm, as defined by subparagraph (B)(1), is not intended to include an association of lawyers who do Discussion: not share profits, expenses, and liabilities. The subparagraph is not intended to imply that a law firm may include a person who is not a member in For purposes of rule 1-200 admission includes violation of the law governing the unauthorized readmission. practice of law. (Amended by order of the Supreme Court, operative September 14, 1992.). Rule 1-300 Unauthorized Practice of Law [Publisher's Note re Rule 1-100(A): Operative (A) A member shall not aid any person or entity January 1, 2012, Business and Professions Code in the unauthorized practice of law.]
