Telephone Conference Minutes, October 2001 - Center for Professional Responsibility

CENTER FOR PROFESSIONAL RESPONSIBILITY

COMMISSION ON EVALUATION OF THE RULES

OF PROFESSIONAL CONDUCT

MINUTES

Telephone Conference Call

October 19, 2001

Commission Members Present:
Chief Justice E. Norman Veasey, Chair
Lawrence J. Fox
Albert C. Harvey
Geoffrey C. Hazard, Jr.
W. Loeber Landau
Margaret C. Love
Susan R. Martyn
Richard E. Mulroy
Lucian T. Pera
Henry Ramsey, Jr.

Reporters:
Nancy J. Moore
Carl A. Pierce

Liaisons:
James B. Lee, House of Delegates
Seth Rosner, Center for Professional Responsibility

Staff:
Susan M. Campbell
Jeanne P. Gray
Charlotte K. Stretch

The Commission held a conference call from 11 a.m. to 12 p.m. on Friday, October 19, 2001.

I. Multijurisdictional Practice

Commission members expressed concern that final approval of the Ethics 2000 report would be held up while the Multijurisdictional Practice Commission completes its report. Jurisdictions are already beginning to examine their rules based on our report, and we don't want to delay that process. Lucian Pera will discuss this issue with Carol Dinkins, chair of the House of Delegates Rules and Calendar Committee.

II. Rule 1.2

The Commission approved amendments proposed to conform this Rule with changes made by the House to Rule 1.6.

III. Rule 1.5

The Commission agreed with the Reporters that no additional amendments are necessary to conform this Rule to the changes made by the House. The Commission agreed to not bring back to the House the written fee agreement proposal.

IV. Rule 1.6

The Commission agreed to discuss at its November meeting the proposed conforming amendments and whether to bring any part of the Rule struck by the House back for discussion.

V. Rule 1.9

The Commission approved amendments proposed to conform this Rule with proposed changes to Rule 1.11.

VI. Rule 1.10

The Commission agreed to discuss at its November meeting the proposed conforming amendments and whether to bring a screening proposal back to the House.

VII. Rule 1.14

Susan Martyn reported on a conference call she and Nancy Moore had with Judge Samuel Bufford of the Los Angeles County Bar. He said that LACBA remains opposed to a lawyer being able to seek appointment of a guardian for a client but believes they may drop their other proposed amendments. She will follow up with him.

Prof. Moore reported that she has been able to line up support for our proposal from other interested groups, including the ABA Commission on Legal Problems of the Elderly and the National Academy of Elder Law Attorneys. Al Harvey will seek the support of the Senior Lawyers Division.

VIII. Rule 1.18

Larry Fox reported that he plans to refile his amendment on this Rule. Prof. Moore suggested the Commission reconsider allowing screening only if the lawyer who received confidential information took reasonable steps to avoid exposure to more information than was necessary. The Commission agreed to discuss this issue in November.

IX. Rule 3.3

The Commission agreed to discuss the Reporter's Memorandum concerning the proposed LACBA amendment to this Rule in November.

X. Rule 4.1

The Commission agreed to discuss the amendments proposed to conform this Rule to the changes made by the House to Rule 1.6 in November.

XI. Rule 4.2

Chief Justice Veasey reported that Congress is currently agreed that the proposed antiterrorism legislation will not include a change of the McDade provision.

The Commission agreed to discuss the issues raised by Mr. Fox's amendments at its November meeting.

XII. Rule 5.6

The Commission agreed to re-examine in November a proposal to modify paragraph (b) to include settlement of a client controversy with the government.

XIII. Rule 7.2

Strategic Alliances - Prof. Moore reported that she held a teleconference with the 7.2 subcommittee: Patrick Higginbotham, David McLaughlin and Dick Mulroy. She circulated a draft based on their discussion to the Standing Committee on Ethics and Professional Responsibility, which approved it. The Commission agreed to discuss this draft in November.

Prof. Martyn suggested clarifying in the Comment when a client has to consent under (b)(4)(ii).

Legal Service Plans - The Standing Committee on Prepaid Legal Service Plans continues to be concerned that "legal service plan" will be construed too broadly. They will be submitting a proposal after their meeting this weekend.

XIV. Rule 8.4

Mr. Fox reported that he plans to refile his amendment on this Rule.

XV. Rules 5.5 and 8.5

Members of the MJP Commission will have a teleconference with Susan Martyn, Nancy Moore, Lucian Pera and Seth Rosner to discuss both Commissions' proposals on these Rules. Additionally, Bruce Green, the MJP Reporter, will attend the November meeting. Discussion will be limited to one hour.

Respectfully submitted,

Susan M. Campbell
Charlotte K. Stretch