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California Rules of Professional Conduct Rule 4-400

Rule 4-400 Gifts From Client

A member shall not induce a client to make a substantial gift, including a testamentary gift, to the member or to the member's parent, child, sibling, or spouse, except where the client is related to the member.

Discussion:

A member may accept a gift from a member's client, subject to general standards of fairness and absence of undue influence. The member who participates in the preparation of an instrument memorializing a gift which is otherwise permissible ought not to be subject to professional discipline. On the other hand, where impermissible influence occurred, discipline is appropriate. (See Magee v. State Bar (1962) 58 Cal.2d 423 [24 Cal.Rptr. 839].)

Representing clients throughout all of California (San Diego County, Orange County, Los Angeles County, Riverside County, San Bernardino County)

Don't let the State Bar pressure you into accepting discipline without talking to me first. I have handled hundreds of investigations, don't make the mistake of representing yourself. (California State Bar Investigations, State Bar Defense Attorney)

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