Bar circulates three issues


Avoiding representation of adverse interests

Proposed amendment to rule 3-310 would prohibit a member from accepting or continuing representation of a client where the member has or had a legal, business, financial, professional or personal relationship with another person or entity the lawyer knows would affect substantially the representation.

SOURCE: State Bar Board Committee on Regulation & Discipline

DEADLINE: September 1

CONTACT: Katherine McMahon, Office of Professional Competence, Planning & Development, 100 Van Ness Ave., 28th Flr., San Francisco 94102-5238; 415/241-2157


Another amendment to the same rule

Proposed amendment to rule 3-310 would prohibit a member from accepting or continuing representation of a client in a litigated matter in which an opposing party is a current client of the member or where the member should reasonably know that an opposing party is a current client of the lawyer's firm.

SOURCE: State Bar Board Committee on Regulation & Discipline

DEADLINE: September 1

CONTACT: Katherine McMahon, Office of Professional Competence, Planning & Development, 100 Van Ness Ave., 28th Flr., San Francisco 94102-5238; 415/241-2157


Removing complaints from discipline files

Revisions to State Bar's Administrative Manual, Division 5, Article 5, to define the parameters of an expungement policy for discipline system files. The policy covers 1) definition of "expungement," 2) categories of files covered, 3) exclusions and exceptions, 4) retention time periods and categories of files for each retention period, and 5) a mechanism for implementing the policy and other components of the policy.

SOURCE: State Bar Board Committee on Regulation & Discipline

DEADLINE: September 5

CONTACT: Mary Yen, Deputy Trial Counsel, 555 Franklin St., San Francisco 94102-4498; 415/561-8258

[CALBAR JOURNAL]