Ethics

I don't know why this development hasn't generated more discussion, but the State Bar of California is changing the evidentiary standards in discipline cases from the ones that apply in civil matters to the ones that apply in administrative matters.  The arguments in favor of the move are that (1) the discipline system isn't really quasi-criminal but rather is merely administrative; (2) the administrative evidentiary rules are already in place for most (all?) other professional discipline matters in California and there's no reason to make a special exception for lawyers; and (3) there will be more efficient and less costly processes under the new standard.

The opposing views are expressed in this letter by the new Chief Trial Counsel, Jim Towery (who you might expect to endorse the proposal).

Download Toweryletter

Here is the request for adoption of the new procedures, following a dearth of commentary.  Maybe there's less to this issue than I initially thought.

Download Septagendaitem 

Here's a blog post by David Carr.*

Thoughts?