Interesting opinion published in The Recorder - See Link Below.
Nice review for the PR essay which you can count on being tested on the California Bar exam. An excerpt, which is instructive, follows:
"The end result is a disaster for ordinary members of the public who use legal services. The current proposal, among many other things:
• Allows lawyers one "free" act of incompetence before a lawyer may be disciplined, even if the mistake is egregious.
• Doesn't prohibit "unreasonable" fees, but only fees that are "unconscionable," a much narrower standard, unlike the ABA and our own legislative State Bar Act.
• Limits the definition of incompetence by focusing on a lawyer's skill and knowledge, while ignoring lawyers' duties to diligently pay attention to their cases.
• Allows lawyers to modify fee agreements with their clients, even at the last second, removing protections that are part of the current California rules.
• Refuses to adopt several ABA rules that say lawyers may not: purposely delay litigation or embarrass others (Rules 3.2 and 4.4(a)); keep it secret from the other side if they receive documents that they know were not intended for them (Rule 4.4(b)); and — believe it or not — lie and misrepresent to others (Rule 4.1). "
http://www.law.com/jsp/ca/PubArticleCA.jsp?id=1202475341666&src=EMC-Email&et=editorial&bu=The%20Recorder&pt=The%20Recorder%20News%20Alert&cn=20101129&kw=Viewpoint%3A%20State%20Bar%20Falls%20Short%20in%20Protecting%20the%20Public&slreturn=1&hbxlogin=1#
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