Monday, March 22, 2021

California State Bar declares RPC 1.1 duty of tech competence, expands RPC 5.4 non-profit fee sharing rules

California State Bar declares RPC 1.1 duty of tech competence, expands RPC 5.4 non-profit fee sharing rules  

 Rule 1.1 addresses a lawyer’s duty of competence. The new Comment to rule 1.1 provides that a lawyer’s duty of competence encompasses a duty to keep abreast of the changes in the law and law practice, including the benefits and risks associated with relevant technology. 

Rule 5.4 addresses financial and similar arrangements with nonlawyers. The amendments to rule 5.4 adds a new provision which expands the existing exception for fee sharing arrangements with a nonprofit organization by adding an exception which provides where the legal fee is not court awarded, but arises from settlement or other resolution of the claim or matter, the lawyer may share or pay the legal fee to the nonprofit organization, provided that the nonprofit organization qualifies under section 501(c)(3) of the Internal Revenue Code and the lawyer complies with requirements to protect the client.

No comments:

Post a Comment