The California Rules of Professional Conduct are a critical framework for dictating how attorneys and paralegals behave.
Like most states, California has a complex set of rules and regulations concerning legal ethics. So complex, in fact, that attorney practice rules can be found in no fewer than 19 of California’s Code books, including the Business & Professions Code, the Civil Code, the Insurance Code, and, perhaps surprisingly, the Water Code.
Yet even if you read through all of those code sections, you still would not have reviewed California’s main body of ethics rules for lawyers – the Rules of Professional Conduct.
The regulatory landscape for California lawyers is undoubtedly vast, but failure to comply can have serious consequences. Thus, we’ve put together this practical guide to help you find the answers you need when you come across an ethical question.
California Rules of Professional Conduct
The California Rules of Professional Conduct (“CRPC”) are what most legal professionals think of when they first consider their ethical obligations.
Today, California’s rules have a large degree of overlap with the ABA Model Rules, though because California was one of the last states to adopt the Model Rules, the CRPC also contains rules unique to the State.
In short, these are the ethical rules that govern everyday practice for lawyers. They cover important duties like diligence, communication, and confidentiality as well as obligations such as candor toward tribunals and fairness toward opposing lawyers/parties.
So, if you find yourself in a situation where you’re wondering, “Is it okay for me to do this?” the California Rules of Professional Conduct is the first place to look for your answer.
What’s included in the CRPC?
These rules outline the ethical responsibilities and standards that attorneys must adhere to in their practice. Please note that rules and regulations can change, so it’s important to refer to the latest official sources I’ve linked prior for the most up-to-date information.
Here are the primary areas of interest for the rules:
Duty to client (Rule 1.3 – Diligence)
California Rules of Professional Conduct (CRPC) Rule 1.3 mandates attorneys to diligently represent clients. Lawyers must act promptly and with reasonable diligence in handling legal matters.
This includes keeping clients informed about case progress and promptly responding to their inquiries. Failure to do so may constitute a breach of ethical duty, potentially leading to disciplinary action.
Upholding Rule 1.3 ensures clients receive effective legal representation and fosters trust in the legal system.
It underscores the importance of attorneys’ commitment to fulfilling their professional obligations with diligence and dedication, ultimately serving the best interests of their clients and maintaining the integrity of the legal profession.
Duty of communication (Rule 1.4 – Communication)
CRPC Rule 1.4 regards effective communication with clients.
This involves keeping clients reasonably informed about their case status, promptly responding to inquiries, and explaining legal matters comprehensively.
Clear and timely communication fosters trust and ensures clients can actively participate in their legal proceedings. Attorneys must address clients’ concerns, provide updates, and seek instructions to make informed decisions.
Failure to uphold Rule 1.4 can undermine client confidence and impede the attorney-client relationship. Adherence to this rule demonstrates respect for clients’ rights and promotes transparency in legal representation.
Effective communication is essential for achieving positive outcomes and upholding professional integrity.
Conflicts of interest (Rule 1.7 – Conflict of interest: General rule)
CRPC Rule 1.7 governs attorneys’ duty to avoid conflicts of interest.
It prohibits representation if there’s a significant risk that the attorney’s loyalty or ability to represent the client effectively will be compromised.
Attorneys must assess potential conflicts before taking on a new client or matter and disclose any conflicts to affected parties.
Informed client consent is necessary if representation is still pursued despite the conflict. Failing to adhere to Rule 1.7 can lead to ethical violations and harm to clients’ interests.
Confidentiality (Rule 1.6 – Confidentiality of information)
CRPC Rule 1.6 addresses attorney-client confidentiality.
It requires lawyers to maintain the confidentiality of client information, refraining from disclosing it unless authorized by the client, impliedly necessary for representation, or permitted by law.
This duty extends to all information relating to the representation, even after the attorney-client relationship ends. Upholding Rule 1.6 is crucial for fostering trust and open communication between attorneys and clients.
Breaching confidentiality can damage client trust, jeopardize legal proceedings, and lead to professional misconduct. Adherence to this rule is essential for preserving client confidentiality, upholding ethical standards, and maintaining the integrity of the legal profession in California.
Competence (Rule 1.1 – Competence)
CRPC Rule 1.1 mandates attorneys to provide competent representation to clients. This entails possessing the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
Lawyers must stay abreast of developments in relevant areas of law and diligently apply their expertise to each client’s case. Failure to meet the competence standard may constitute professional misconduct and jeopardize client interests.
Rule 1.1 ensures clients receive effective legal advocacy and protection of their rights and underscores attorneys’ obligation to continuously improve their skills and knowledge.
Fees (Rule 1.5 – Fees)
CRPC Rule 1.5 governs attorneys’ obligations regarding fees and fee agreements.
Attorneys must communicate their fees to clients in a clear and understandable manner, ensuring transparency and mutual understanding.
Fee agreements, including the basis or rate of the fee and scope of representation, should be confirmed in writing, especially for contingent fee arrangements. Attorneys must ensure that their fees are reasonable and not excessive.
Failure to comply with Rule 1.5 can result in disputes over fees and damage to the attorney-client relationship.
Candor to the tribunal (Rule 3.3 – Candor toward the tribunal)
CRPC Rule 3.3 addresses attorneys’ duties of candor to the tribunal.
It requires lawyers to be truthful when making representations to courts and other legal authorities. Attorneys must not knowingly make false statements of fact or law to the tribunal or fail to correct any false statements previously made.
Additionally, if an attorney comes to know of false evidence presented by the client, the attorney must take reasonable remedial measures, which may include disclosure to the tribunal.
Rule 3.3 ensures the integrity of legal proceedings and promotes the fair administration of justice.
Truthfulness in statements to others (Rule 4.1 – Truthfulness in statements to others)
CRPC Rule 4.1 pertains to truthfulness in statements to others. Attorneys must not knowingly make false statements of material fact or law to third parties during the course of representing a client.
This includes not only statements made in court but also those made in negotiations, communications with opposing parties, and other interactions. The rule underscores the importance of honesty and integrity in legal practice, maintaining the profession’s reputation for trustworthiness.
Breaching Rule 4.1 can damage the attorney’s credibility and may result in disciplinary action.
Duties to former clients (Rule 1.9 – Duties to former clients)
CRPC Rule 1.9 addresses an attorney’s duties regarding conflicts of interest with former clients. It prohibits attorneys from representing a new client in a matter that is substantially related to a prior representation if doing so would be adverse to the interests of the former client. Additionally, attorneys cannot use information from the prior representation to the former client’s disadvantage unless the former client gives informed consent. Compliance with Rule 1.9 ensures that attorneys uphold their duty of loyalty to former clients and maintain the confidentiality of their information. Violating this rule can lead to ethical breaches and potential legal consequences, jeopardizing the attorney’s professional reputation.
Duties to the legal system (Rule 3.4 – Fairness to opposing party and counsel)
CRPC Rule 3.4 focuses on fairness to opposing parties and their attorneys. Attorneys must not unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy, or conceal documents or other materials having potential evidentiary value.
Additionally, lawyers must not falsify evidence, counsel or assist a witness to testify falsely, or offer an inducement to a witness that is prohibited by law.
Rule 3.4 ensures the integrity of the legal process and promotes fairness in litigation, and violating this rule undermines the administration of justice and may result in disciplinary action against the attorney.
Compliance with Rule 3.4 is essential for maintaining ethical standards and upholding the principles of fairness and impartiality in legal proceedings.
These are just a few of the key rules in the California Rules of Professional Conduct. To get the most accurate and current information, I recommend visiting the official website of the State Bar of California or consulting the most recent version of the rules directly.
State Bar Act
The California State Bar Act is found within the Business & Professions Code in sections 6000 through 6243.
The State Bar Act does a lot of essential things, including establishing and maintaining the State Bar itself. That said, it also contains important ethical mandates on topics like the unlawful practice of law, fee agreements, and advertising rules for lawyers.
As an important aside, the State Bar Act covers some of the same topics as the CRPC, including advertising. That’s why it is absolutely critical for California legal professionals to be familiar with all of the statutory schemes regulating their practice and to get in the habit of consulting each set of rules before acting.
What specifics are included in the California State Bar Act?
The California State Bar Act is codified in the California Business and Professions Code, specifically in Title 4, Division 3. Some of the key aspects and functions governed by the California State Bar Act include:
- Regulation: The Act grants the State Bar regulatory authority over the legal profession in California. This includes the establishment of rules of professional conduct that lawyers must follow, investigation of complaints against attorneys, and discipline for ethical violations.
- Discipline: The Act provides the State Bar with the authority to investigate complaints of attorney misconduct and, if necessary, to take disciplinary actions against attorneys found to have violated ethical rules or engaged in unethical behavior.
- Board of trustees: The Act establishes the Board of Trustees of the State Bar of California. This governing body is responsible for overseeing the State Bar’s operations, setting policy, and ensuring compliance with the law.
- Consumer protection: One of the primary objectives of the State Bar is to protect the public from unethical or incompetent attorneys. The Act outlines how the State Bar fulfills this mission through regulation, investigation, and disciplinary actions.
- Access to justice: The Act may include provisions related to promoting access to justice, diversity in the legal profession, and other matters that are relevant to the legal community and the public.
Additional statutes
As noted in the introduction, laws regulating lawyer conduct can be found in 19 separate codes, and that does not include the State Bar Act provisions of the Business & Professions Code.
These other statutes tend to be highly specific, such as Civil Code Section 55.55, which regulates attorney fees and costs in construction-related accessibility claims.
While listing these various statutes is beyond the scope of this article, legal professionals would be wise to review and keep a copy of the State Bar’s 294-page statutory anthology titled “Selected Statutes on Discipline and Duties of Licensees.”
California rules of court
In case you now feel like you’ve got a handle on all of the various ethics rules and regulations that apply to California attorneys, I’d like to invite you to review the series-9 rules of the California Rules of Court.
Among other things, these rules do things like prescribe the oath an attorney must take in order to be admitted to the California Bar (and note, the language prescribed here is “in addition to” the oath language already provided in Business & Professions Code section 6067).
The Rules of Court also set forth the procedures for attorney disciplinary hearings (Rules 9.10 – 9.23), define Certified Legal Specialists (Rule 9.35), and regulate pro hac vice appearances (Rule 9.40).
Formal ethics opinions
Any good lawyer knows that while rules are important, the manner in which those rules are interpreted is critical. Interpretation of the State’s ethical rules can be found in the State Bar Ethics Opinions.
These are formal opinions issued by the State Bar’s Committee on Professional Responsibility and Conduct. They seek to answer some of the most pressing ethical issues of the day.
Note that these opinions are not binding on any court. Nonetheless, they are often cited in California Appellate Court and California Supreme Court decisions and carry great weight with judges.
In case this seems like a pretty straightforward way to research ethical issues, you’d best hold on to your hat. The bar associations of some California counties (specifically, San Francisco, Los Angeles, Orange, and San Diego) publish their own ethics opinions which can be useful when trying to navigate ethical dilemmas arising in any part of the state.
Helpful resources
After reading this article, getting to complete grips with the California Rules of Professional Conduct may seem like a daunting task.
It is, but fortunately, the California State Bar seems to recognize as much. The bar publishes some incredibly useful resources that consolidate many of the above sources into one place. Here are our favorites:
- Publication 250. Among other things, Publication 250 includes the California Rules of Court, the State Bar Act, and other relevant statutes. Note that this resource is intended to be used in addition to the CRPC.
- California Compendium on Professional Responsibility. This is a three-volume reference manual dealing solely with issues of ethics in California. It contains:
- All of the state and county ethics opinions referenced above;
- The Publication 250 Book;
- The California Code of Judicial Conduct; and
- A subject matter research index. This is particularly useful when the rules on a given topic (e.g., advertising) are found across multiple sources.
Fortunately, this 514-page research compendium is also available online and serves as a great starting place for ethical research.
The ethical rules for lawyers outlined in the California Rules of Professional Conduct are complex, scattered across multiple publications, and constantly evolving. Nonetheless, there’s almost nothing more important that you can do for your practice than to know and understand the rules and the various places they’re found.
To make things easier for you the next time an ethical issue arises in your firm, feel free to bookmark the above links. You’ll be glad you did.
