Legislative Update

Proposed Amendments to Rule of Professional Conduct 7.3

The State Bar of California is currently considering a proposed amendment to Rule of Professional Conduct 7.3, which governs attorney solicitation. Because this proposal directly affects domestic violence restraining order (DVRO) practice, FLEXCOM has been actively involved throughout the public comment process.

What is COPRAC?

The Committee on Professional Responsibility and Conduct (COPRAC) is the State Bar’s advisory body responsible for reviewing and recommending changes to the Rules of Professional Conduct. COPRAC regularly studies legal ethics issues, drafts proposed amendments, and invites comments from practitioners and the public.

Readers interested in COPRAC’s role and mandate can find more information on the State Bar’s website.

Background on the Proposed Amendment

Earlier this year, COPRAC received concerns from domestic violence service providers regarding “cold” solicitation letters sent by attorneys to respondents before they had been formally served with DVRO paperwork. The issue essentially involves third-party vendors that send letters to parties who are named in a legal dispute notifying them of a case filing. In response, COPRAC drafted a proposed amendment to Rule 7.3 to restrict such pre-service solicitation.

Because of the broad language used in the proposed amendment, Family Law Attorneys could be prevented from notifying current or former clients of DVTRO filings until after that party had been served and proof of service is filed with the court. Recognizing the issue from both perspectives, FLEXCOM suggested a revision to address:

• The need to distinguish between harmful cold solicitation and communications by an attorney who has a prior professional relationship with the respondent.
• The importance of ensuring respondents’ timely access to counsel, which can help de-escalate conflict and improve safety for all parties.
• The potential constitutional concerns with a blanket rule that is not narrowly tailored to the identified problem.

FLEXCOM’s revised comment letter, submitted on October 22, 2025, listed these concerns and urged COPRAC and the Board of Trustees to revise the proposed rule change accordingly.

On November 20, 2025, during the Board of Trustees meeting, the public was allowed to comment on the proposed amendment toRule 7.3. CLA FLEXCOM Legislation Chair, Shanon Quinley, delivered verbal comment reinforcing these same points and requesting a modification to preserve communications with current or former clients.

Where are we now?

Following a public comment period, including FLEXCOM’s written submission and Ms. Quinley’s remarks, COPRAC has recommended that the Board of Trustees adopt the proposed amendment of the rule and submit it to the California Supreme Court for final approval.

If the Board votes to send the rule forward, the Supreme Court will conduct its own review, which may include another opportunity for stakeholders, including FLEXCOM, to submit comments or request clarification.

FLEXCOM will continue monitoring the rulemaking process closely and will provide updates to section members as the proposal advances.