Effective November 1, 2018, California has new Rules of Professional Conduct ("RPC"), which apply to every attorney admitted to practice in California. Consisting of 69 rules versus the prior 46 rules, it has numerous new provisions but also retains some provisions, such as California's unique, stricter attitude on confidentiality.

In this important December 21, 2018, 2.1-hour program, Eric R. Deitz, Esquire, provides a useful explanation of the highlights of the new RPC, including practical suggestions, tips, and warnings.

Mr. Deitz is a partner in the San Diego, CA office of Gordon Rees Scully Mansukhani, LLP, where his specialties include professional liability. Since 2015, he has served on the Committee on Professional Responsibility and Conduct ("COPAC") of the California State Bar. Mr. Deitz is also a member of the invitation-only Legal Ethics Committee of the San Diego County Bar Association, for which he served as chair in 2017, and currently serves on the executive committee.

Major topics are:
Development of the New Professional Conduct Rules
- the Rules revision process,
- not the Model Rules although similar numbering adopted and more parallels than before
Lawyer-Client Relationship
- competence and diligence (rules 1.1 & 1.3 - formerly 3-110)
- scope of representation and allocation of authority (rule 1.2 - new rule - no counterpart)
- advising or assisting the violation of law (rule 1.2.1 - formerly 1-210, 3-210)
- communication with clients (rule 1.4 - formerly 3-500)
- confidential information of a client (rule 1.6 - formerly 3-100)
- sexual relations with current clients (rule 1.8.10 - formerly 3-120)
- organization as client (rule 1.13 - formerly 3-600)
Fees And Client Property
- fees for legal services (rule 1.5 - formerly 4-200)
- division of fees among lawyers (rule 1.5.1 - formerly 2-200)
- safekeeping funds and property of clients and other persons (rule 1.15 - formerly 4-100)
Conflicts Of Interest And Imputation
- conflicts of interest: current clients (rule 1.7 - formerly rule 3-310)
- business transactions with a client and pecuniary interests adverse to the client (rule 1.8.1 - formerly rule 3-300)
- duties to former clients (rule 1.9 - formerly 3-310)
- imputation of conflicts of interest (rule 1.10 - new rule - no counterpart)
- duties to prospective clients (rule 1.18 - new rule - no counterpart)
Advocate
- delay of litigation (rule 3.2 - new rule - no counterpart)
- candor toward the tribunal (rule 3.3 - formerly rule 5-200)
- fairness to opposing party and counsel (rule 3.4 - formerly rules 5-200, 5-310)
- lawyer as witness (rule 3.7 - formerly rule 5-210)
- advocate in non-adjudicative proceedings (rule 3.9 - new rule - no counterpart)
Transactions With Persons Other Than Client
- truthfulness in statements to others (rule 4.1 - new rule - no counterpart)
- communication with a represented person (rule 4.2 - formerly rule 2-100)
- communication with an unrepresented person (rule 4.3 - new rule - no counterpart)
- duties concerning inadvertently transmitted writings (rule 4.4 - new rule - no counterpart)
Law Firms And Associations
- responsibility of managerial and supervisory lawyers (rule 5.1 - new rule - no counterpart)
- responsibility of a subordinate lawyer (rule 5.2 - new rule - no counterpart)
- responsibility regarding nonlawyer assistants (rule 5.3 - new rule - no counterpart)
Information About Legal Services
- communications concerning a lawyer's services (rule 7.1 - formerly rule 1-400)
- advertising (rule 7.2 - formerly rules 1-400, 2-200, 1-320(B)-(C) & (A)(4))
- solicitation of clients (rule 7.3 - formerly rule 1-400)
- communication of fields of practice and specialization (rule 7.4 - formerly rule 1-400)
- firm names and trade names (rule 7.5 - formerly rule 1-400)
Maintaining Integrity Of The Profession
- misconduct (rule 8.4 - formerly rule 1-200)
- prohibited discrimination, harassment and retaliation (rule 8.4.1 - formerly rule 1-400)
- disciplinary authority; choice of law (rule 8.5 - formerly rule 1-100)
 

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