The State Bar seeks public comment regarding proposed amended California Rule of Professional Conduct 1.1. The proposed amendment would add a new Comment providing that a lawyer’s duty of competence encompasses a duty to keep abreast of the changes in the law and law practice, including the benefits and risks associated with relevant technology.
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
Deadline: May 18, 2020
The California Rules of Professional Conduct are attorney disciplinary rules. By statute, the Board of Trustees has the authority to adopt amendments to the rules that are binding upon attorneys once those rules are approved by the Supreme Court of California. (Business and Professions Code sections 6076 and 6077.)
In July, 2018, the Board established a Task Force on Access Through Innovation of Legal Services (ATILS) pursuant to Goal 4, Objective d., of the State Bar’s 2017-2022 Strategic Plan:
Commencing in 2018 and concluding no later than March 31, 2020, study online service delivery models and determine if any regulatory changes are needed to better supports and/or regulate the expansion of access through the use of technology in a manner that balances the dual goals of public protection and increased access to justice.
At the Board’s March 12, 2020, Board Meeting, ATILS presented their final report and recommendation to the Board. Included in this report were seven recommendations. One of the recommendations was for the Board to issue for public comment an amended Rule of Professional Conduct 1.1 (Competence) that would add a new comment providing that a lawyer’s duty of competence encompasses a duty to keep abreast of the changes in the law and law practice, including the benefits and risks associated with relevant technology. This proposal is a variation of a similar Comment to American Bar Association Model Rule 1.1 that expressly addresses a lawyer’s technology competence.
At its meeting on March 12, 2020, the Board of Trustees authorized a 60-day public comment period. It was also clarified that authorization for public comment is not, and shall not be construed as, a statement or recommendation of approval of the proposed changes.
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The Task Force on Access Through Innovation of Legal Services (ATILS) drafted this proposed rule revision. Please note: ATILS will sunset on March 31, 2020. As a result, the Board has directed the State Bar of California Standing Committee on Professional Responsibility and Conduct to receive and review the public comments for this item.
May 18, 2020