Two Board of
Trustees seats open
Nominating petitions are due Dec. 1 from
attorneys interested in seeking an elected seat on the State Bar Board of
Trustees.
Two seats will be up for election – one each in districts 4
(Imperial, Inyo, Orange, Riverside, San Bernardino and San Diego counties) and
5 (Fresno, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, Tulare and
Tuolumne counties).
The Board of Trustees has moved up the election cycle. It will
be held four months earlier than previous years to allow board members who are
in their final year of service to run for re-election or seek reappointment in
time to qualify for service as board president, vice president or treasurer.
Ballots will be mailed Dec. 31 and voting will be completed by
March 2. Attorneys will continue to have the option to vote electronically or
by mail.
Any active member of the State Bar who maintains his or her
principal office for the practice of law within the State Bar district in which
there’s a vacancy is eligible to run for a seat on the board. The newly elected
trustees will be sworn in at the conclusion of the 2015 Annual Meeting in
October.
Apply for an
incubator seed grant
The State Bar of California is accepting seed grant applications
from organizations interested in developing incubator programs to deliver legal
services to people of low and moderate means.
Incubators provide training and support for new lawyers starting
their own solo, small firm or nonprofit practices. Experienced attorneys
provide mentorship and supervision.
The State Bar’s Office of Legal Services has received funding
from the Ford Foundation, the Public Welfare Foundation and the California Bar
Foundation to award three to five grants of between $20,000 and $50,000. The
one-time, non-renewable grants will be distributed by early 2015.
The deadline for applications is Dec. 1. For more
information, and to apply, please visit the Office of Legal Services web page.
Volunteer opportunities
available at State Bar
Applications are being accepted for dozens of volunteer
positions that are coming available next year through the State Bar.
The State Bar’s Board of Trustees will appoint new members
to 10 standing committees, 16 section executive committees and 18 special
committees, boards and commissions, along with two outside entities.
Committees seeking applicants include:
- Courts/administration of justice committees that review
proposed changes in civil procedure, alternative dispute resolution,
appellate and federal rules, procedures and practices, as well as comment
on proposed legislation governing these issues
- Insurance committees, which act as counsel to the Board of
Trustees on insurance matters and oversee the bar’s member group insurance
programs, including life, accidental death and dismemberment, disability,
personal auto and homeowners, long-term care, workers’ compensation and
professional liability insurance
- Regulatory committees, which are established by statute
and oversee mandated admission, arbitration and certification programs of
the State Bar
- The Council on Access and Fairness, which is devoted to
increasing diversity in the legal profession.
More information about all of the 2015-16 appointments, as
well as a link to the online application, is available on the appointments page of the State
Bar's website. Applications also are available by writing to the Appointments
Office, State Bar of California, 180 Howard St., San Francisco, CA 94105-1639,
or by calling 415-538-2370.
Most of the volunteer positions carry a three-year term and
the application deadline for most appointments is Feb. 2, 2015. Applicants may
apply to as many as three committees, but can be appointed to only one. The
Board of Trustees will make the appointments next summer, and committee terms
begin Oct. 11.
Give your input on improving California’s courts
The Commission on the Future of California’s
Court System is seeking input on ways to make the California court system
more efficient and effective through an online survey. The
deadline to take the survey is Dec. 5.
“The commission is particularly interested in identifying
outdated laws, systems, or practices and proposals for new approaches, such as
the use of technology, that will improve court services and save time and
resources in the long term,” said Justice Carol A. Corrigan, an associate
justice of the California Supreme Court and chair of the commission. “The goal
of the survey is to ensure that we’re focused on today’s most pressing priorities.
All ideas are welcome.”
The commission was created by Chief Justice Tani G.
Cantil-Sakauye to study and make recommendations to improve the state’s court
operations and accessibility over the next two years.
Think twice
before giving a gift to a judge
With the arrival of gift-giving season, State Bar ethics experts
have added new information to the State Bar website for attorneys on judicial ethics, including the topic of gifts to judges. During
this gift-giving season, a lawyer may want to give a modest present to a judge
or employee of a tribunal. Selected resources found on the judicial ethics page strongly suggest that a lawyer should be
very cautious about this conduct. In particular, one of the linked resources is
an opinion of the California Committee on Judicial Ethics Opinions, Formal Opinion No. 2014-005. Applying applicable provisions
of the California Code of Judicial Ethics, the committee opines that there are
many circumstances where acceptance of a gift would be absolutely banned,
including situations where the gift-giver is a lawyer. A recent letter from the
California Supreme Court Committee on Judicial Ethics Opinions and the
California Judges Association underscores the point.
The updated judicial ethics page provides a collection of selected
resources intended to heighten a lawyer’s awareness and understanding of
judicial ethics. In some circumstances, a lawyer is required to comply with
standards ordinarily applicable only to judges (for example, a lawyer serving
as a temporary judge, referee or court-appointed arbitrator).
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 to the
Daily News Digest by sending an email to newsdigest@calbar.ca.gov.
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 and LinkedIn.
Participate
in a research project on lawyer addiction, mental health issues
The American Bar Association Commission on Lawyer Assistance
Programs and Hazelden Betty Ford Foundation are collaborating on a research project to survey the current rates of
substance use, depression and anxiety among legal professionals in the United
States.
The anonymous, confidential survey is designed to capture
current, reliable data on these issues to benefit the legal profession. Lawyers
may participate even if they have not experienced any difficulties with
substance abuse, depression or anxiety.
The online survey is anonymous. Responses go directly to the Butler
Center for Research, which maintains the confidentiality of all data. No
identifying information will be asked and all data will be de-identified,
including IP addresses.
Law 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, 2013, 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 each
violation.
In light of President Barack Obama's recent executive order, the State Bar urges attorneys to be aware of consumer fraud warnings issued by the U.S. Citizenship and Immigration Services and the California Attorney General’s Office.
Running 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 Impartial Courts.
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.
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 are providing clients
with the correct form.
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.
Have your
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
information electronically.
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 been using 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
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, 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,
confidential data.
Questions and comments about the process can be directed
to jneccf@calbar.ca.gov.
Bar rules
book available for e-Reader
To make it easier for lawyers 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 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 the Internet or a 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.
Legal 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 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
- 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, 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
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.
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.
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,
accidental death and dismemberment (AD&D), auto, home and business office plans.
Leverage the
law through a State Bar section membership
Join 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
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).”