The State Bar of California Standing Committee on Professional Responsibility and Conduct, Formal Opinion No. 2016-196

ABA Model Rules: Ethics:

The ABA Model Rules are not binding in California but may be used for guidance by lawyers where there is no direct California authority and the ABA Model Rules do not conflict with California policy. (City & County of San Francisco v. Cobra Solutions, Inc. (2006) 38 Cal.4th 839, 852.) Thus, in the absence of related California authority, we may look to the Model Rules, and the ABA Formal Opinions interpreting them, as well as the ethics opinions of other jurisdictions or bar associations for guidance. (Rule 1-100(A) [ethics opinions and rules and standards promulgated by other jurisdictions and bar associations may also be considered]; State Compensation Ins. Fund v. WPS, Inc. (1999) 70 Cal.App.4th 644, 656 [82 Cal.Rptr.2d 799].)

This opinion is advisory only. It is not binding on the courts, the State Bar of California, its Board of Trustees, any persons or tribunals charged with regulatory responsibilities, or any member of the State Bar.

(The State Bar of California Standing Committee on Professional Responsibility and Conduct, Formal Opinion No. 2016-196).