PLEASE NOTE: Publication for public comment is not, and shall not, be construed as a recommendation or approval by the Board of Trustees of the materials published.
Standards for Attorney Sanctions for Professional Misconduct, Proposed Modifications
Background: The Standards for Attorney Sanctions for Professional Misconduct (the “Standards”) were adopted by the Board of Trustees, effective Jan. 1, 1986, to provide a means for determining the appropriate disciplinary sanction in a particular case and to ensure consistency across cases dealing with similar misconduct and surrounding circumstances. Since 1986 only a few minor modifications have been made to the standards.
Proposal: This item proposes updates and stylistic revisions to the standards, including rewriting them in plain English, reorganizing them for better flow and ease of comprehension, and substantively modifying them in certain places to accurately reflect current case law, rule and statutory authority. The revised standards are intended to be clearer, more concise, and to offer enhanced guidance with respect to determining appropriate degrees of discipline. The specific proposed revisions are discussed in detail in the Board Committee Agenda Item and related materials, links to which are provided below.
ANY KNOWN FISCAL/PERSONNEL IMPACT:
Agenda Item II.C: Standards for Attorney Sanctions for Professional Misconduct, Proposed Modifications – Request for Public Comment
Agenda Item II.C, Attachment 1: Proposed Standards
Agenda Item II.C, Attachment 2: Table, Comparison of the Current Standards with the Proposed Standards
Board Committee on Regulation, Admissions, and Discipline Oversight
July 18, 2013 Meeting
Agenda Item II.C
Sept. 23, 2013
DIRECT COMMENTS TO:
Office of General Counsel
180 Howard St.
San Francisco, CA 94105