Following is the tenth in a series of posts by Parker Taylor Law Group reflecting recent changes to the California Bar Association’s Rules of Professional Conduct (RPC), under the category of “Lawyer-Client Relationship” – related to the “imputation of prohibitions under Rules 1.8.1 to 1.8.9.”
The Rule of Professional Conduct is as follows:
Rule 1.8.11 Imputation of Prohibitions Under Rules 1.8.1 to 1.8.9
While lawyers are associated in a law firm, a prohibition in rules 1.8.1 through 1.8.9 that applies to any one of them shall apply to all of them.
Application:
As set forth above, the CBA’s Rule 1.8.11 states that any prohibitions mentioned in nine of the 10 rules preceding this rule that apply to any attorney in a law firm shall apply to all of the attorneys in the firm. We address these rules in other blogs, but it is important to note that the rules are imputed to all attorneys. Note, this rule does not apply to Rule 1.8.10 since that covers a personal prohibition.
In the American Bar Association (ABA)’s RPC, Rule 1.8(k) is the rule corresponding to the CBA’s Rule 1.8.11. As with the CBA’s version, the ABA’s version is one sentence long, with nearly identical wording.
Client Benefit: Generally speaking, this rule ensures that your rights, confidential information and the duties owed to you are imputed and applied to all attorneys in the firm.
The information provided herein is informational only and should not be construed as legal advice or as an agreement for representation. This is not an advertisement. If you have an issue or dispute with your attorney, or are seeking advice with respect to your obligations, you should consult with an experienced attorney. Parker Taylor Law Group is a full-service litigation and transactional law firm. Mr. Parker has represented clients in professional malfeasance disputes for over 22 years. If you would like to schedule an initial consultation with Mr. Parker or his team, you can reach them at 916/996-0400 or at contact@parlawgroup.com. (An email to the law firm requesting a consultation does not create an attorney-client relationship or any agreement for representation by the firm.)