The State Bar seeks public comment on Proposed New Rule of Court 9.8.5 and Amended State Bar Rules of Professional Conduct 1.15 and 1.4 to implement the CTAPP.
Deadline: May 28, 2022
Comments regarding proposed new rule California Rule of Court 9.8.5, Client Trust Account Protection Program. submitted using this online Public Comment Form.
Comments regarding Proposed Amendments to Rule of Professional Conduct 1.15 should be submitted using this online Public Comment Form.
Comments regarding Proposed Amendments to Rule of Professional Conduct 1.4 should be submitted using this online Public Comment Form.
These online forms allow you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
Several new and amended rules are necessary to implement the requirements set forth in the Client Trust Account Protection Program (CTAPP), presented to the State Bar Board of Trustees by the Committee on Special Discipline Case Audit at the November 2021 meeting. During its March 2022 meeting, the Board approved a 60-day public comment period to gather input on (1) New Rule of Court 9.8.5, which grants the State Bar authority to implement the program, and (2) Rules of Professional Conduct 1.15 and 1.4 which clarify the rules of safekeeping of client funds and communication regarding prompt dispersal of client funds.
The State Bar seeks public comment on the rules that would govern this new program.
You can provide comments on any or all of the rules. It is okay if you support some and oppose others.
Proposed New Rule of Court 9.8.5
Staff proposes a new Rule of Court 9.8.5 to grant the State Bar of California the authority to implement the key elements of the CTAPP. Including annual licensee registration of accounts and certification of compliance with rules, annual licensee self-assessment, State Bar selection of licensees for compliance reviews, and potential State Bar recommendation of a licensee for a corresponding audit, notice of mandatory corrective action, or referral for disciplinary action. The new Rule of Court will authorize the State Bar to administer the CTAPP and specify that failure to comply with a CTAPP requirement will subject a licensee to being enrolled as an inactive licensee. Information regarding the proposal and the full language of the new rule can be found in the Agenda Item and Attachment A, available here.
You can leave your comment on this rule here.
Proposed Amendments to Rule of Professional Conduct 1.15
Staff proposes certain amendments to Rule of Professional Conduct 1.15 that strengthen and clarify attorney duties for the handling of entrusted funds and property. Information regarding the State Bar’s proposed amendments and the full language of the proposed amended rule can be found in Agenda Item and Attachment B, available here.
Proposed Amendments to Rule of Professional Conduct 1.4
Staff proposes certain clarifying amendments to Rule of Professional Conduct 1.4. Information regarding the State Bar’s proposed amendments and the full language of the proposed amended rule can be found in Agenda Item and Attachment B, available here.
If adopted, these rules will allow the State Bar to effectively implement the CTAPP. Adoption of these rules could necessitate additional resources for staff to design and implement the CTAPP licensee reporting and self-assessment requirements, staff data monitoring and analysis, staff intervention, and staff support of licensees in maintaining compliance with the program requirements.
Board of Trustees
May 28, 2022
Comments regarding Proposed Amendments to California Rule of Court 9.8.5, Client Trust Account Protection Program should be submitted using this online Public Comment Form.
Comments regarding Proposed Amendments to Rule of Professional Conduct 1.15, Client Trust Account Protection Program should be submitted using this online Public Comment Form.
Comments regarding Proposed Amendments to Rule of Professional Conduct 1.4, Client Trust Account Protection Program should be submitted using this online Public Comment Form.