Sorted by Commenter - Ethics - State of California

(2) to modify a proposal that has been circulated for public comment when
the board deems the modification non-substantive or reasonably implicit
in the proposal."
The non-substantive
modification" of the abandoned 2008 5(f). The 2008
consisted of one sentence of 47 words
words. The 2009 5 and the
Comments" and creates an flat fee" arrangements.
Any comments received by the
Rule 1.5(f) that was
been directed at the 2009 Proposal adopted by the Board of Governors in November of
2009. Rule , 2008 when the comment period
ended for the abandoned proposal.
The Board of Governors adopted this 2009 Proposal without any input from the
6 Considering the
membership.
clients throughout , the
Commission should have publicized and/or
cross-section of the
meaningfully respond or object before the Board of Governors ' adoption. See Rule of the
State Bar 1. 10(A) ("Public Comment") requiring Proposals for the Rules of the State Bar
to be "circulated for public comment before adoption, amendment, or repeal by the Board
of Governors.
Finally, the minutes of the November 14, 2009 meeting #132, p. 6, note that the
Board' s adoption of the proposed rules is subject to consideration of possible revisions
following a comprehensive public comment. . . (along with " Such
the-fact theoretical public comment does not
public comment "before adoption" or solve the notice and process problems.
6 It is indeed odd that the November 14 , 2009 minutes of the Board of Governors # 132
p. 6 that "adopts" Rule following publication for
comment and
adopts" the 35 Rules
publication for comment" of Rule
Board of Governors and their staff who were present at (1) the RAC and (2) the Board of
Governors' meeting, it appears
recognized that Rule 1.5(e)(1)-(2) had never been circulated for public comment.
148