Consult the Ethics Hotline

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 information?
• 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 staff 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 questions.

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.

State Bar seeks administrator for special discipline matters

The State Bar is looking for an active member of the bar in good standing to serve as Special Deputy Trial Counsel Administrator under newly revised Rule 2201 of the State Bar Rules of Procedure. Rule 2201 addresses the handling of discipline complaints in which the Chief Trial Counsel is recused.

The administrator, serving under the direction of the Regulation and Discipline Committee of the Board of Trustees, conducts preliminary review of Rule 2201 complaints and, where necessary, refers the matters to Special Deputy Trial Counsel for investigation and prosecution, as appropriate. The administrator will work on an as-needed and compensated basis and will be reimbursed for reasonable investigative, administrative and legal support services. If you are interested, please send a resume and statement of interest to destie.overpeck@calbar.ca.gov. Update: On Aug. 16, the application process was closed.

Free section memberships available

During the month of August, State Bar members can join one section of their choice free for the remainder of 2016. If you are already a member of a section, why not join another? This offer does not apply to section renewals. For more information, visit the signup web page.

Register for the Annual Meeting

Mark your calendars to join us in San Diego for the State Bar of California 2016 Annual Meeting on Sept. 29 to Oct. 2. Choose from 111 seminars. Three course tracks cover advanced, basic/practical skills and recent development topics. Earn up to 19 hours of MCLE and legal specialization credit. Pre-register for a four-day or a two-day pass. Special Annual Meeting hotel rates also are available. The pre-registration deadline is Sept. 8. For information call 415-538-2210 or visit the Annual Meeting web page.

Spend “A Week in Legal London”

The State Bar’s Litigation Section offers California lawyers an opportunity to discover new insights into law from the English prospective in 2017.

“A Week in Legal London,” scheduled May 7-12, 2017, provides an unparalleled behind-the-scenes exposure to the English legal and court system and is designed to compare and contrast the law as it is applied to California to the original source of our common law in England. It’s an effort to provide our participants with a better understanding and applicability of the law in California.

The program is a combination of formal educational sessions, as well as court rotations in which the participants have a chance to observe trials in progress and meet with the presiding judge and the barristers trying the cases. Sessions will take place at the Royal Courts of Justice, Old Bailey, the High Court of Justice and the Supreme Court. The week concludes with a Gala Dinner in the House of Lords Private Dining Room in Parliament. For more information, see the event’s web page.

Find a certified/registered court interpreter

Under Government Code Section 68561 (with definitions in Section 68560.5), a deposition in a civil case filed in a court of record is a “court proceeding” and therefore an interpreter used shall be either: 1) a certified court interpreter for languages designated by the Judicial Council (see link for current languages: http://www.courts.ca.gov/documents/CIP-Certified-Languages.pdf) or 2) a registered court interpreter for languages not designated by the Judicial Council (all other languages). Attorneys can use the Judicial Council master list (http://www.courts.ca.gov/3796.htm) to search for certified and registered interpreters who are in good standing with the council.

Attorneys should also be aware that effective Jan. 1, 2015, California Government Code Section 68561 was amended to include section (h), which requires certain information that a certified or registered interpreter must state for the record in the deposition and the documentation regarding the interpreter’s qualifications that a certified or registered interpreter must present to both parties in a deposition.

Running for judicial office? Take this mandatory free course

California judges and lawyers seeking judicial office must take an 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 in 2014.

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 rule came out of the work of the Commission for Impartial Courts.

Use this form for fee disputes with clients

Attorneys who encounter a fee dispute with a client are reminded to use the State Bar’s version of the Notice of Client’s Right to Fee Arbitration form. The form has been approved by the State Bar Board of Trustees and contains the State Bar seal to ensure that lawyers provide clients with the correct form.

Business and Professions Code Section 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.

Subscribe to the Daily News Digest

In between monthly issues of the Bar Journal, you can keep up with the major legal news of the day by visiting the new Daily News Digest on the Bar Journal’s home page. The State Bar’s Office of Communications scours the day’s news and culls top headlines of interest to legal professionals. You may also subscribe by visiting the Daily News Digest web page.

Follow us on Twitter, LinkedIn

Stay informed by following @StateBarCA on Twitter and the State Bar of California page on LinkedIn. We’ll give you a heads up about important regulatory information and let you know about other happenings at the State Bar or within the legal community. If you’re seeking information relevant to your particular practice area, the State Bar’s voluntary sections and the California Young Lawyers Association also have a presence on social media through Facebook, Twitter, LinkedIn and YouTube.

Opt out of sharing certain information

As of Jan. 1, 2016, the State Bar of California is subject to the California Public Records Act (CPRA). For more information regarding the impact of CPRA on the bar’s obligation to release member information, please log on to My State Bar Profile. Go to “account information” and select “update my mailing preferences (opt out).”