The State Bar seeks public comment on Proposed Formal Opinion Interim No. 20-0004 (Ethical Obligations When Working Remotely).
Deadline: November 12, 2021
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.
The State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC) is charged with the task of issuing advisory opinions on the ethical propriety of hypothetical attorney conduct. In accordance with applicable State Bar policy and procedure, the committee shall publish proposed formal opinions for public comment (See, State Bar Board of Trustee Resolutions July 1979 and December 2004. See also, Board of Trustee Resolution November 2016).
On May 10, 2018, the California Supreme Court issued an order approving 69 new Rules of Professional Conduct, which went into effect on November 1, 2018. Information about the new rules is available here. Proposed Formal Opinion Interim No. 20-0004 interprets the new Rules of Professional Conduct.
Proposed Formal Opinion Interim No. 20-0004 considers:
What are a California lawyer’s ethical duties when working remotely in response to the COVID-19 pandemic or another disaster situation?
The opinion interprets rules 1.1, 1.3, 1.4, 1.6, 5.1–5.3, and 5.5 of the Rules of Professional Conduct of the State Bar of California; Business and Professions Code sections 6068(e) and 6125, et seq.
The opinion digest states: Remote practice does not alter a lawyer’s ethical duties under the California Rules of Professional Conduct and the State Bar Act. Lawyers and law firms should implement reasonable measures, policies, and practices to ensure continued compliance with these rules in a remote working environment, with a particular focus on the duties of confidentiality, technology competence, communication, and supervision.
At its July 30, 2021, meeting, and in accordance with their procedures, COPRAC tentatively approved Proposed Formal Opinion Interim No. 20-0004 for a 90-day public comment distribution.
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State Bar Standing Committee on Professional Responsibility and Conduct
November 12, 2021