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Avoiding Bar Discipline and the Almost New Rules of Professional Conduct (Flash Drive)


Self-study hours are logged by the listener and the one page list is kept in an MCLE compliance folder. The log requires a listing of each program title, the program's approved MCLE provider name, program length, and whether or not that program contains mandatory subfield credit (legal ethics, elimination of bias, or prevention of substance abuse.)

Participatory hours require a proctor (any adult who is not simultaneously using the same program for participatory credit) to complete and sign documents accompanying each participatory program. Those completed and signed documents are subsequently returned to Versatape and individual certificates of compliance are prepared and returned to the listener to be filed in a MCLE compliance folder. Versatape will also keep a copy of the certificates of compliance on file. If audited the State Bar will be looking for a copy of those completed certificates of compliance and a copy of the self -study hours log.

Note: Please note MCLE audio program hours listened to in excess of 25 hours in a 3-year compliance period cannot be carried over into the next 3-year cycle.

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How They Work

In this January 14, 2017 program our speaker and program materials discuss the following:

  • Avoiding Bar Discipline
  • Where to find the law
  • The guiding principle
  • Some examples of economic conflicts between lawyer and client
  • A happy client is a quiet client: Keeping the client’s interests in mind helps you do your job, get paid, and stay out of discipline
  • If you can’t protect yourself, or can you protect your client? Or, put it in writing
  • The Almost New Rules of Professional Conduct
  • Background: The Rules Revision Process
  • Some rules where the ABA and California differ
  • ABA rules not recommended for adoption
  • Other proposals not recommended for adoption
  • 1.8(d) (re Literary or Media Rights)
  • 1.10(a)(2) Imputation of Conflicts of Interests: General Rule; 1.18(d)(2) Duties to prospective clients (re use of an ethical wall or screen to rebut imputation)
  • Expediting Litigation
  • 8.3 Reporting Professional Misconduct
  • 2017 Update: The New Almost New Rules of Professional Conduct
  • The Second Rules Revision Commission

Program materials included. Speaker: Professor Robert Barrett. Recorded January 14, 2017. MCLE Credit: 2 hours Legal Ethics

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