Description

Next time your opposing counsel takes issue with something you say, don’t be surprised to find a complaint in the next filing citing to rule 8.3 of the Rules of Professional Conduct—the new “snitch rule.”

There are about a dozen terms of legal art in the snitch rule, so we asked Judge Meredith Jury (Ret.) and Certified Bankruptcy Specialist Stella Havkin what they mean:

• If you arguably misstate fact or law, is that a reportable event? Answer: Assume it is.
• What will this do to collegiality in the profession? Answer: Nothing good.
• If a partner committed indiscretions with the trust account, does it matter that you didn’t know about it? Answer: Don’t count on it.
• Every other state already has a snitch rule. How much guidance do they provide on its application? Answer: Very little.
• Will the snitch rule drive in reports to prevent Girardi-type scandals? Answer: The Bar had received some 200 reports about Girardi, so it’s unclear what more reports would have done.
• But the snitch rule is a good idea, right? Answer: Check back in after a few years.

And something you probably didn’t know: The reason California doesn’t follow the ABA Model Rules is because they are rules of ethics, where California’s Rules are rules of discipline. We discuss the difference in theory (interesting!) and the difference in application (not much, actually).

Judge Meredith Jury’s (Ret.) biography.

Bankruptcy Specialist Stella Havkin’s biography and LinkedIn profile.

Appellate Specialist Jeff Lewis' biography, LinkedIn profile, and Twitter feed.

Appellate Specialist Tim Kowal's biography, LinkedIn profile, Twitter feed, and YouTube page.

Sign up for Not To Be Published, Tim Kowal’s weekly legal update, or view his blog of recent cases.

The California Appellate Law Podcast thanks Casetext for sponsoring the podcast. Listeners receive a discount on Casetext Basic Research at casetext.com/CALP. The co-hosts, Jeff and Tim, were also invited to try Casetext’s newest technology, CoCounsel, the world’s first AI legal assistant. You can discover CoCounsel for yourself with a demo and free trial at casetext.com/CoCounsel.

Other items discussed in the episode:

• Rules of Professional Conduct, rule 8.3, “Reporting Professional Misconduct”
• Ethics Spotlight: The New ‘Snitch Rules’, California Lawyers Association, Nov. 2023.
• Videos from this episode will be posted at Tim Kowal’s YouTube channel.