Earlier this year, I reported that California adopted a version of Model Rule 8.3 which, subject to some exceptions, requires disclosure of misconduct by other attorneys. (See my posts here and here.)
But I did not know until now that California also adopted, by statute, another duty to disclose. Thus, again subject to some exceptions, Bus. & Prof. Code section 6090.8, effective January 1, 2024 imposes a duty on lawyers to disclose if another lawyer has conspired to engage in or has engaged in "seditious conspiracy," "treason" or "rebellion or insurrection."
The new provision is obviously a reaction to the criminal and disciplinary cases brought around the country against lawyers who assisted former President Trump in his efforts to overturn the 2020 election. In California, for example, John Eastman is currently facing disciplinary charges for his role in this effort.
Over at California Legal Ethics, ethics lawyer David C. Carr discusses the implications of the new provision. You can read the article here.
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