Following is the 67th 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 2 – “Counselor,” focusing on lawyers serving as temporary judges, referees, or court-appointed arbitrators.
This Rule of Professional Conduct, as revised, is as follows:
Rule 2.4.1 Lawyer as Temporary Judge, Referee, or Court-Appointed Arbitrator
A lawyer who is serving as a temporary judge, referee, or court-appointed arbitrator, and is subject to canon 6D of the California Code of Judicial Ethics, shall comply with the terms of that canon.
Other than a slight rewording of the reference to Canon 6D of the California Code of Judicial Ethics, and the obvious change in where the rule is now located in the RPC (Chapter 2 instead of Chapter 1), Rule 2.4.1 of the CBA’s revised RPC is identical to Rule 1-710 of the previous version of the CBA’s RPC.
The American Bar Association (ABA) Model RPC does not have a rule corresponding to CBA’s Rule 2.4.1. Rule 2.4 (“Lawyer Serving as Third-Party Neutral”) is the last rule included in Chapter 2 of the ABA’s RPC.
Potential Benefit: Generally speaking, the placement of this rule immediately after the rules governing “Lawyer as Third-Party Neutral” (Rule 2.4) and “Advisor” (Rule 2.1) – in the chapter titled “Counselor – should help attorneys more easily reference the regulations affecting the potential roles they may play in future legal matters.
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Rules of Professional Conduct, California Bar Association, American Bar Association, Legal Malpractice, Referee, Arbitrator, Parker Law Group, Port Parker