Subpoena forms

Proposed amendments to the State Bar Rules of Procedure will allow use of Judicial Council subpoena forms.

Proposed Public Comment

Procedure for resigning with charges pending

Proposed amendments to the California Rules of Court and the State Bar’s Rules of Procedure would create a new procedure for handling the resignation of lawyers with disciplinary charges pending. Such resignations would be recognized as disciplinary in nature, would constitute an admission of a no contest plea, and includes potential permanent prohibition of reinstatement.

Proposed Public Comment

IOLTA rules

Proposed revisions to IOLTA rules and a new Rule of Court will implement AB 1723, IOLTA comparability legislation signed into law in October that permits attorneys to hold client funds in either interest-bearing demand trust accounts or in cash management accounts that permit overnight investment into higher-yield investments backed by U.S. government securities.

Proposed Public Comment

Alternative discipline

Eight proposed amendments to the Rules of Procedure would modify the operations of the alternative discipline program.

Malpractice insurance

Propposed Rule of Professional Conduct 3-140 would require attorneys to disclose to prospective clients, when the representation is likely to exceed four hours, that they do not carry professional liability insurance. The rule would not apply in emergencies or if the lawyer has previously advised the client that he or she does not carry insurance.

Proposed Public Comment