Following is the 50th post in a series from Parker Law Group about recent changes to the California Bar Association (CBA)’s Rules of Professional Conduct (RPC). This rule is found in Chapter 8 – “Maintaining the Integrity of the Profession,” focusing on compliance related to discipline. This Rule of Professional Conduct, as revised, is as follows:
Rule 8.1.1 Compliance with Conditions of Discipline and Agreements in Lieu of Discipline
A lawyer shall comply with the terms and conditions attached to any agreement in lieu of discipline, any public or private reproval, or to other discipline administered by the State Bar pursuant to Business and Professions Code sections 6077 and 6078 and California Rules of Court, rule 9.19.
One phrase has been added to the revised version of this rule in the CBA’s RPC, as set forth above. Formerly known as Rule 1-110, the new Rule 8.1.1 has inserted “any agreement in lieu of discipline” before explaining that the terms and conditions also apply to any public or private reproval or other discipline given by the State Bar pursuant to specified Business and Professions Code sections. The new rule provides an additional way in which an attorney may face discipline for professional misconduct.
The text found in CBA Rule 8.1.1 is not found in the American Bar Association (ABA)’s Model RPC.
Benefit: Generally speaking, this rule benefits attorneys by providing a tribunal with an alternative method of disciplining an attorney in certain cases of misconduct.
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