Diversity group seeking
The State Bar’s Council
on Access & Fairness is seeking applications for new members by Aug.
The council serves as the State Bar’s “diversity think tank”
and advises the Board of Trustees on diversity in the legal profession. The
25-member council consists of lawyers, judges, academics and public members.
To apply, fill out the online
fillable form. For questions or more information about the council, contact
Patricia Lee at 415-538-2240 or firstname.lastname@example.org.
Enjoy a week in ‘Legal
Want to visit London and learn about the inner workings of
the English legal system? Now in its 26th year, the Litigation Section is
hosting “A Week in Legal London,” April 19 through 24, 2015, giving
participants the chance to expand their litigation skills and engage in
thought-provoking discussions with members of the London legal community.
Participants will attend sessions at the Supreme Court, the
Royal Courts of Justice, and the Old Bailey, and attend luncheons at the
historic Inns of Courts generally only open to the British legal community. The
week concludes with a gala dinner in the House of Lords private dining room.
In an effort to keep the program intimate, the cap on
participants is 60, so register early. Go to www.aweekinlegallondon.com for
additional information about educational programs, registration and travel
For questions, contact Michelle McFadden at email@example.com or
Display your artistic
talent at the State Bar Annual Meeting Bench and Bar Art Exhibit
All members of the bench and bar who draw, sculpt, work in
ceramics or photography are invited to participate in the 2014 State Bar Annual
Meeting Bench and Bar Art Exhibit. The artwork will be showcased at the 2014
State Bar Annual Meeting, Sept. 11-14, in San Diego.
Art show rules and entry forms can be downloaded from the Annual Meeting web page or by emailing the art
show coordinator at AnnualMeeting@calbar.ca.gov.
Entries must be submitted by Aug. 11, 2014.
to comment on judicial ethics opinion regarding small gifts
The California Supreme Court Committee on Judicial Ethics
Opinions is inviting the public to comment on a draft advisory opinion that
gives judges guidance on accepting small gifts. The draft opinion advises that
small value items such as gift cards and baseball caps are gifts under the Code
of Judicial Ethics and may not be accepted if they are offered by a party who
has or is likely to appear before the judge, if it creates a perception of
influence or favor, or if the gift giver would reasonably believe it would give
him or her an advantage. The opinion notes that items of little or nominal
value that are not otherwise banned may be accepted under the ordinary social
The draft opinion and invitation to comment are posted on
the committee’s website.
The deadline to comment is Aug. 8, 2014.
Comments may be submitted using an online comment
form, by email to Judicial.Ethics@jud.ca.gov,
or mailed to Nancy Black, committee counsel, The California Supreme Court
Committee on Judicial Ethics opinions, 350 McAllister St., San Francisco, CA
Serve on the California Bar Foundation
The California Bar Foundation invites applications for open
positions on its board of directors for terms beginning Jan. 1, 2015. Ideal
candidates will be attorneys, judges or members of the public with a
demonstrated interest in and commitment to the purposes and goals of the
foundation. Applicants must have previous board, public or community service
experience, and be knowledgeable about and comfortable with charitable
The foundation is a 501(c)(3) nonprofit organization. As the
center of philanthropy for California’s legal profession, and with strong ties
to the State Bar of California, the California Bar Foundation mobilizes and
leverages the financial resources of individuals, law firms, corporations and
foundations to build a better justice system for all Californians. More
information is available at www.calbarfoundation.org.
The board of directors consists of up to 35 members and
three ex officio members. Appointed members serve two-year terms and are
expected to attend four board meetings per year while actively participating in
up to three board committees. Board meetings alternate between San Francisco
and Los Angeles, while most committee meetings are conducted by conference
Each board member is expected to make a personally
meaningful financial contribution to the California Bar Foundation and to
actively participate in fundraising from personal and professional contacts on
behalf of the foundation.
Complete applications must be submitted via email to Carlos Aguilar by 4 p.m.
Friday, Aug. 15. A complete application includes a resume or CV and a
statement of interest and qualifications.
The California Bar Foundation’s Board of Directors will
approve a slate of new director candidates during its fall board meeting.
affects immigration attorneys
Attorneys and immigration consultants are prohibited from
collecting money for services related to federal immigration reform until
Congress acts under a State Bar-sponsored bill that went into effect last fall.
The consumer protection legislation, authored by
Assemblywoman Lorena Gonzalez, D-San Diego, was introduced in response to
reports from law enforcement that the federal debate over immigration reform
was prompting scams aimed at undocumented immigrants.
The legislation, which went into effect upon Gov. Jerry
Brown’s signature Oct. 5, also:
- Requires attorneys and immigration consultants to account
for any money already accepted for immigration reform services and either
refund the money or deposit it in a client trust account.
- Requires attorneys to inform clients receiving immigration
reform act services where they can report complaints. A notice for attorneys to use has been posted on the
State Bar’s website and has been translated into multiple languages.
- Increases the amount of bond that immigration consultants
must carry from $50,000 to $100,000 as of July 1.
- Prohibits the use of the term “notario,” which has been
misconstrued as someone who is qualified to give legal advice.
- Provides that a person who violates the ban on the use of
the term “notario” is subject to a civil penalty of up to $1,000 a day for
judicial office? Take this mandatory free course
California judges and lawyers seeking a judicial office must
take a new online judicial ethics course within 60 days of filing for office,
creating a campaign committee or receiving a campaign contribution. The mandatory
judicial ethics course went online last month.
The course was developed by a working group of justices,
judges and lawyers after the Supreme Court adopted the mandatory rule, along
with other changes to the California Code of Judicial Ethics, almost a year
ago. The Rules of Professional Conduct require a lawyer candidate
for judicial office to comply with the Code of Judicial Ethics.
“The Supreme Court changed the rules to promote and enhance
public confidence in the integrity and impartiality of the judiciary and to
provide guidance on the ethical obligations and responsibilities of those
running for judicial office,” Chief Justice Tani G. Cantil-Sakauye said.
The rule came out of the work of the Commission for
Time is money and legal research takes time. California legal
ethics research can be particularly time-consuming. First, California is not an
ABA Model Rule jurisdiction, so dusting off your law school textbook or simply
Googling won’t always cut it. On top of that, the applicable California law is
often found in multiple sources, many of which are unfamiliar to most lawyers.
If you consult the California Rules of Professional Conduct, that’s great, but
you can’t stop there. Consider the following questions:
- May an attorney use inadvertently disclosed confidential
- Does the “no contact” rule permit an attorney to imply
opposing counsel’s consent?
- Is a “virtual law office” an ethical alternative for
starting a solo practice?
You can get assistance in researching these questions by
calling the State Bar of California’s Ethics
Hotline. This call-back service is free, staffed by live people and
typically has a turnaround time of one business day or less.
If you’ve never tried calling the Ethics Hotline, here’s the
official pitch: The Ethics Hotline is a confidential telephone research service
for attorneys. This service is staffed by specially trained paralegals who can
refer callers to the California Rules of Professional Conduct, State Bar Act
sections, published bar association ethics opinions and other relevant
authorities. Although the Ethics Hotline does not render opinions or give advice,
this guidance serves as a valuable resource that can jump-start legal ethics
research and aid lawyers in making informed decisions about their legal ethics
Attorneys can reach the Ethics Hotline from 9 a.m. to 5 p.m.
on weekdays by calling 800-238-4427 (800-2-ETHICS) from within California, or
415-538-2150 when calling from outside of California.
form for fee disputes with clients
As of July 1, attorneys who encounter a fee dispute with a
client are required to use the State Bar’s updated version of the Notice of Client’s Right to Fee Arbitration form.
The form, approved by the State Bar Board of Trustees on
March 7, incorporates a handful of changes, including clarifying who can
request fee arbitration and making it clear that more than one bar association
may have jurisdiction to hear a fee dispute. The new version also contains the
State Bar seal, a change made to ensure lawyers are providing clients with the
Business and Professions Code § 6201(a) requires that
lawyers send the notice to their clients before or at the time of initiating a
lawsuit, or other action to collect fees. Attorneys are legally required to use
the State Bar’s form – not their own version put on their firm’s letterhead.
Mandatory fee arbitration is designed to reduce the number
of fee disputes that end up in court. The vast majority of fee disputes handled
through the mandatory fee arbitration process are resolved without filing an
action in superior court, saving the courts valuable time and money, said Doug
Hull, director of the State Bar’s Mandatory Fee Arbitration Program.
voice heard in evaluating judges
The State Bar commission that evaluates the governor’s
candidates for judgeships is seeking the help of attorneys to solicit
For more than 30 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.
During the past few years, the commission has successfully implemented the use
of email to gather comments, but continues to encounter one barrier: the spam
filter. Most of JNE’s emails do reach their intended recipients. However, some
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: firstname.lastname@example.org.
Those who work in legal offices, public agencies and the court system 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 website 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. It has proven to
be a cost-effective and efficient method of transmitting time-sensitive,
Questions and comments about the process can be directed to email@example.com.
book 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
The 2014 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.
ethics and technology resource page is online
The general Ethics Information page on the State Bar website has an
area dedicated to Ethics and Technology ― a collection of resources
that address professional responsibility issues raised by the use of 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 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 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
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
- 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
Prior to registering with the Secretary of State, be sure to
check with the State Bar to determine if 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. For questions or help, send an
email to LLP@calbar.ca.gov
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
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.
The 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 a free Orientation and 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.
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, accidental death and dismemberment (AD&D), auto, home and business office plans.
the law through a State Bar section membership
other leading attorneys and legal professionals who are passionate about
their practices. Each State Bar section provides its members with valuable
tools including e-newsletters, publications and more. Highly regarded as a
premier provider of legal education, the 16 sections deliver specialized
training and practical programs including symposiums, one-day seminars and
multi-day conferences, on-line seminars, self-study curriculum as well as
updates on trends and changes in the law. Visit our online catalog,
which contains more than 1,000 individual seminars.
Sections can also figure heavily when initiating or
advocating legislation and regulations. Plus, most of the sections participate
in major public education efforts and community service activities, such as
consumer radio shows and booklets that explain legal rights. Your minimal
annual membership helps to fund all these essential programs and services.
What’s more, your membership is a tax-deductible investment.
Opt out of
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).”