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AILA Facebook Group Statutes

jdmontag Oct 21st, 2018 108 Never
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  1. California Rules of Professional Conduct
  2.  
  3. Rule 3-100 Confidential Information of a Client
  4.  
  5. (A) A member shall not reveal information protected from disclosure by Business and Professions Code section 6068, subdivision (e)(1) without the informed consent of the client, or as provided in paragraph (B) of this rule.
  6.  
  7. (B) A member may, but is not required to, reveal confidential information relating to the representation of a client to the extent that the member reasonably believes the disclosure is necessary to prevent a criminal act that the member reasonably believes is likely to result in death of, or substantial bodily harm to, an individual.
  8.  
  9. © Before revealing confidential information to prevent a criminal act as provided in paragraph (B), a member shall, if reasonable under the circumstances:
  10.  
  11. (1) make a good faith effort to persuade the client: (I) not to commit or to continue the criminal act or (ii) to pursue a course of conduct that will prevent the threatened death or substantial bodily harm; or do both (I) and (ii); and
  12.  
  13. (2) inform the client, at an appropriate time, of the member's ability or decision to reveal information as provided in paragraph (B).
  14.  
  15. (D) In revealing confidential information as provided in paragraph (B), the member's disclosure must be no more than is necessary to prevent the criminal act, given the information known to the member at the time of the disclosure.
  16.  
  17. (E) A member who does not reveal information permitted by paragraph (B) does not violate this rule.
  18.  
  19. http://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-Professional-Conduct/Current-Rules/Rule-3-100
  20.  
  21. Rule 3-210 Advising the Violation of Law
  22.  
  23. A member shall not advise the violation of any law, rule, or ruling of a tribunal unless the member believes in good faith that such law, rule, or ruling is invalid. A member may take appropriate steps in good faith to test the validity of any law, rule, or ruling of a tribunal.
  24.  
  25. http://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Rules/Rules-of-Professional-Conduct/Current-Rules/Rule-3-210
  26.  
  27.  
  28.  
  29.  
  30.  
  31. ABA Model Rules
  32.  
  33. Rule 8.2: Judicial & Legal Officials
  34. Maintaining The Integrity of The Profession
  35.  
  36. (a) A lawyer shall not make a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge, adjudicatory officer or public legal officer, or of a candidate for election or appointment to judicial or legal office.
  37.  
  38.  
  39.  
  40.  
  41. California Attorney Guidelines of Civility and Professionalism
  42.  
  43. These voluntary Guidelines foster a level of civility and professionalism that exceed the minimum requirements of the mandated Rules of Professional Conduct as the best practices of civility in the practice of law in California. The Guidelines are not intended to supplant these or any other rules or laws that govern attorney conduct. Since the Guidelines are not mandatory rules of professional conduct, nor rules of practice, nor standards of care, they are not
  44. to be used as an independent basis for disciplinary charges by the State Bar or claims of professional negligence.
  45.  
  46. SECTION 4
  47. COMMUNICATIONS
  48.  
  49. An attorney’s communications about the legal system should at all times reflect civility,
  50. professional integrity, personal dignity, and respect for the legal system. An attorney should not
  51. engage in conduct that is unbecoming a member of the Bar and an officer of the court. For example, in communications about the legal system and with adversaries:  
  52. a.
  53. An attorney’s conduct should be consistent with high respect and esteem for the civil
  54. and criminal justice systems.
  55. b.
  56. This standard does not prohibit an attorney’s good faith, factually based expressions of
  57. dissent or criticism made in public or private discussions for the purpose of improving
  58. the legal system or profession, or addressing perceived inadequacies.
  59. c.
  60. An attorney should not disparage the intelligence, integrity, ethics, morals or behavior
  61. of the court or other counsel, parties or participants when those characteristics are not
  62. at issue.
  63. d.
  64. An attorney should not disparage another’s race, color, religion, gender, national
  65. origin, ancestry, age, disability or sexual orientation.
  66. e.
  67. An attorney should not make exaggerated, false, or misleading statements to the media
  68. while representing a party in a pending matter.
  69.  
  70. f.
  71.  An attorney should avoid hostile, demeaning or humiliating words.
  72. g.
  73.  An attorney should not create a false or misleading record of events that have not
  74. occurred or attribute to an opposing counsel a position not taken.
  75. h.
  76. An attorney should agree to reasonable requests in the interests of efficiency and
  77. economy, including agreeing to a waiver of procedural formalities where appropriate.
  78. I.
  79. Unless specifically permitted or invited by the court or authorized by law, an attorney
  80. should not send:
  81. 1.
  82. A copy of a letter addressed to opposing counsel to the court, or
  83. 2.
  84. A letter to the court, with a copy to opposing counsel.
  85. Nothing above shall be construed as discouraging the reporting of conduct that fails to
  86. comply with the Rules of Professional Conduct.
  87.  
  88.  
  89. SECTION 8
  90. WRITINGS SUBMITTED TO THE COURT, COUNSEL OR OTHER PARTIES
  91.  
  92. Written materials directed to counsel, third parties or a court should be factual and concise and focused on the issue to be decided.
  93. For example:
  94. a.
  95. An attorney should not make ad hominem attacks on opposing counsel.
  96. b.
  97. Unless at issue or relevant in a particular proceeding, an attorney should avoid degrading the intelligence, ethics, morals, integrity, or personal behavior of others.
  98. c.
  99. An attorney should clearly identify all revisions in a document previously submitted to the court or other counsel.
  100.  
  101. https://www.saccourt.ca.gov/local-rules/docs/guidelines-civility-professionalism.pdf
  102. https://www.calbar.ca.gov/Attorneys/Conduct-Discipline/Ethics/Attorney-Civility-and-Professionalism
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