Nominations
open for 2013 professional responsibility award
The
State Bar of California is seeking nominations of California attorneys for the
2013 Harry B. Sondheim Professional Responsibility Award. The deadline for nominations is Aug. 31, 2012. The award will be presented at
the 2013 Annual Statewide Ethics Symposium.
The
Harry B. Sondheim Award recognizes a California lawyer, living or deceased, for
outstanding long-term contributions to the advancement of attorney professional
responsibility standards in California. The nomination form and additional
information are available online.
For
more information, contact Angela Marlaud, Angela.Marlaud@calbar.ca.gov or 415-538-2116.
California Bar Foundation seeking board members
The
California Bar Foundation is seeking applications for several positions on its
Board of Directors for terms beginning Jan. 1, 2013. Attorneys, judges and
members of the public who have a demonstrated interest in and commitment to the
foundation’s charitable mission, who have previous board, public or community
service, and/or who are knowledgeable about charitable fundraising are
encouraged to apply.
The
California Bar Foundation is a 501(c)(3) nonprofit organization affiliated with
the State Bar of California, dedicated to building a better justice system for
all Californians. Through gifts from lawyers, law firms and other donors, the
foundation distributes grants for law-related projects and scholarships for
students pursuing public interest careers, and supports other educational
programs. More information about the foundation is available at www.calbarfoundation.org.
Members
of the board serve two-year terms and are expected to attend approximately five
board meetings per year, participate on at least two committees and possibly
attend other events. They also are expected to participate in fundraising and
annually make a personally significant financial contribution to the
foundation.
The
application deadline is Aug. 17, 2012. Applicants must submit a
resume and statement of interest by mail, fax or email to: Sonia Gonzales,
Executive Director, California Bar Foundation, 180 Howard St., San Francisco,
CA 94105; 415-856-0788 (fax); sgonzales@calbarfoundation.org. The Foundation will review the applications and, at
its discretion, may interview candidates. Appointments will be made by the
State Bar Board of Trustees in November.
Display your artistic talent at the
State Bar Annual Meeting
All members of the bench and bar who draw, sculpt, work in
ceramics or photography are cordially invited to participate in the 60th Annual
Meeting Bench & Bar Art Exhibit. The art work will be showcased at the 2012
State Bar Annual Meeting, Oct. 11 – 14, 2012 in Monterey.
Art Show Rules and entry blanks can be downloaded at www.calbar.ca.gov/annualmeeting,
or obtained by emailing the art show coordinator at AnnualMeeting@calbar.ca.gov . All entries must be submitted by Sept. 14, 2012.
Attorneys needed for
California Rural Legal Assistance board
The State Bar of California is seeking applications from
attorneys interested in serving on the Board of Directors of California Rural
Legal Assistance (CRLA). There are three open positions. Deadline for
applications is Sept. 10, 2012.
California Rural Legal Assistance is a nonprofit Legal
Services Corporation-funded program created to provide legal assistance to the
rural poor. The 45-member board meets four times a year to make policy
decisions governing the program's operations.
Eligible applicants must be State Bar members, support
the purposes of the Legal Services Corporation Act and have an interest in and
knowledge of the delivery of quality legal services to the poor. Attorneys
familiar with migrant farm worker advocacy are urged to apply. Board members
serve two-year terms and are eligible for reappointment for two additional
terms.
Interested attorneys may apply by letter, outlining
qualifications and indicating any connection in farm worker advocacy or farm
worker communities. A resume outlining work experience, community activity and
educational background must be included. The materials should be sent to
Kimberly Warmsley, The State Bar of California, Office of Legal Services, 180
Howard Street, San Francisco, CA 94105-1639; or kimberly.warmsley@calbar.ca.gov. Questions may be directed to 415-538-2176.
Help JNE move to paperless evaluations
The
State Bar commission that evaluates the governor’s candidates for appointed
judgeships is seeking the help of attorneys to solicit information
electronically.
For
more than 20 years, the Commission on Judicial Nominees Evaluation, commonly
known as the JNE (“Jenny”) Commission, has gathered information about
candidates by mailing paper comment forms to attorneys. Over the past 18
months, the commission has experimented with the use of email to gather
comments, but has encountered one barrier: the spam filter. While most of JNE’s
emails reach their intended recipients, a significant number are blocked.
Attorneys
can solve this problem by authorizing the spam filters serving their email
address listed with the State Bar to accept the following email address: jneccf@calbar.ca.gov. Those who work in legal offices can help by asking
their IT specialists to authorize the JNE email address for all spam filters
serving office computers.
The
electronic comment forms are identical to the written forms. A hyperlink in the
email takes the commenter to a web site where a form identical to the written
comment form can be completed electronically. The electronic comments are
maintained confidentially, with access only by investigating commissioners and
staff. The use of email appears to result in response rates at least as high as
the use of written forms, and it will save the State Bar tens of thousands of
dollars a year in copying, stationery and postage costs.
Updated 2012 bar rules book now available for e-Reader
To
facilitate a lawyer’s ability to readily identify and address legal ethics
issues, the State Bar has published an e-Reader version of the Rules of
Professional Conduct and the State Bar Act. The e-Reader version of the rule
book is compatible with the Kindle Reader App, a free e-Reader application available for iPads, iPhones, Blackberry
phones, Android phones, Macbooks, and PC laptops. The book also works on all
versions of Amazon.com’s Kindle.
The
new 2012 edition of the e‑Reader version of the rule book can be
purchased at Amazon.com for $6.99, a significant discount from the price of the hardcopy book.
It offers several useful features including a search function, bookmarking,
highlighting and annotating. In addition, once downloaded to a tablet, smart
phone or other compatible device, the book can be accessed at any time, even
without an Internet or cellular data signal.
The
bar’s rule book has been published for more than 65 years. The 30-page edition
published in 1949 has grown to 411 hard copy pages. In addition to the rules
and State Bar Act, the book includes other related authorities such as selected
Rules of Court, code sections, the Federal Mortgage Assistance Relief Services
Rule, the State Bar Pro Bono Resolution, the Lawyer Referral Service rules,
MCLE rules and more.
New legal ethics and technology resource page is
online
The
general Ethics Information page at the State Bar website has added a new area dedicated to Ethics and Technology ― a collection of resources that address
professional responsibility issues raised by the use of Internet websites,
email, chat rooms and other technologies. The resources include advisory ethics
opinions, articles and MCLE programs.
Most
of the resources are internal links to other pages on the bar’s website and
some are external links to local or specialty bar associations. The new page is
organized both by the type of resource (ethics opinion, article, etc.) and by
subject matter (law firm websites, electronic files, social networking, etc.).
The
new service focuses on providing basic legal research leads on how the rules
apply to new technologies rather than specific law office systems, hardware or
software options. For the latter, the resources of the State Bar’s Law Practice Management & Technology Section can be considered.
Register a law corporation
Law
corporations are required to register with both the California Secretary of
State and the State Bar of California under Corporations Code §13404.
Registration requirements are set forth in Business & Professions Code
§§6160 and 6161.
Rules
and application materials are available on the State Bar website. Information
required to register a law corporation includes:
- Proof
of registration with the Secretary of State;
- Submission
of bylaws and a sample share certificate containing the appropriate
restrictions on share ownership;
- A
completed application that reports all the attorneys who are associated
with the corporation;
- Submission
of the Guarantee for Claims in the appropriate amount; and
- A
Declaration of Compliance with Rule 1-400.
Limited
Liability Partnerships providing legal services are also required to register
with the State Bar. If not registered, attorneys should be particularly aware
of California Corporations Code § 16306(f), which specifically removes the
protection from liability for claims based upon legal work.
Prior
to registering with the Secretary of State, it is advisable to check with the
State Bar to ensure that the entity name complies with rules and has not
already been registered. Additional information is available at the Law Corporations page, LLP page, or
the Law Office Management page. Assistance is available at LLP@calbar.ca.gov.
Create a surrogacy agreement
An
“Agreement to Close Law Practice in the Future” is available on the
State Bar website for attorneys who want to plan for the possibility they will
not be able to continue to work. The sample agreement, available to all lawyers, spells out the responsibilities of the
primary attorney and his or her successor in the case of death or incapacity.
If
a lawyer designates a successor using the new sample contract, the designated
surrogate goes to court for appointment as the practice administrator who can
take control and dispose of the practice. A lengthy list of duties is part of
the contract and includes the ability to open mail, become a signatory on bank
accounts, notify clients and transfer files, pay bills and handle funds, and
accept the original attorney’s clients and cases. The practice administrator
also will have the power to sell the practice.
Feeling stressed? The Lawyer Assistance Program can
help
Attorneys
struggling to cope with the stress of a challenging economic environment or a
difficult employment situation are invited to contact the Lawyer Assistance Program (LAP), which now offers new support programs in
addition to its traditional help with substance abuse and depression. Support
is offered for issues like stress, relationship and personal problems, grief
and anxiety.
Support
LAP is designed for attorneys who might wish to participate in a weekly group
with other lawyers and would like the support of a mental health professional
(group facilitator) or a trained peer counselor who is familiar with attorneys’
particular challenges.
The
LAP also offers an Orientation & Assessment (O&A) to any attorney who
wants professional assistance to cope with personal problems, work problems,
substance abuse or other mental health issues. The O&A provides a
confidential assessment completed by one of the LAP clinicians located
throughout the state. Referrals to outside resources and an opportunity to
participate in a LAP group for a short period of time also are provided. There
is no fee for this service.
Interested
attorneys should call 877 LAP 4 HELP (877-527-4435) or contact LAP@calbar.ca.gov. All calls are confidential.
Membership benefits from CalBar connect
State
Bar members can save up to 25 percent every time they rent with Hertz, a
participant in CalBar Connect, the State Bar’s member services and benefits
initiative. Visit the Hertz page for details.
CalBar
Connect, which provides discounts to all State Bar members, also offers a
variety of insurance plans including Professional Liability Insurance, Workers’ Compensation Insurance, Group and Individual Disability plans, Life Insurance, AD&D, Auto, Home and Business Office Plans.
Opt out of lists
Attorneys
who wish to remove their names from lists the State Bar provides to qualified
outside entities may do so by logging on to My State Bar Profile. Go to “Account Information” and select “Update my
mailing preferences (opt out).”
Members
also may email their opt-out request to memrec@calbar.ca.gov. Include your bar number.