Apply for appointment
to the Board of Trustees
The
California Supreme Court State Bar Trustees Nominating Committee is accepting
applications through March 20 from those interested in serving a
three-year term.
The
Supreme Court appoints five people to the board and one of those seats will be
vacant in 2015. The appointee will be sworn into office in October for a
three-year term.
More
information, along with the application form, is available online: http://www.calbar.ca.gov/AboutUs/BoardofTrustees/SupremeCourtAppointments.aspx
Don’t miss
the deadline for fee payment, MCLE compliance
Annual
license fees for members of the State Bar are due Feb. 2. The fees are $430 for active lawyers
and $155 for inactive lawyers.
Failure to
pay fees by the deadline will trigger a $100 late payment penalty for active
lawyers and a $30 penalty for inactive attorneys.
Those lawyers
whose last names start with H - M (Group 2) also have a Feb. 2 deadline to report completion of
their 25 hours of Minimum Continuing Legal Education (MCLE). The late fee for
missing that deadline is $75.
Dues can be
paid and MCLE compliance can be reported online by logging on to My State Bar Profile. Please note: After Feb. 2, My State Bar Profile will be temporarily unavailable while
late penalties are assessed.
The 2014 fee
bill includes contributions to the Client Security Fund, disciplinary
activities and the Lawyer Assistance Program. Fees are waived for inactive
attorneys who are at least 70 years old on Feb. 1.
Lawyers also
have the opportunity to donate to the Justice Gap Fund (recommended donation $100), the California Bar Foundation ($50 recommended donation), the Conference of California Bar Associations (CCBA — $35 recommended donation) and
the California Supreme Court Historical
Society (CSCHS — a
$25 donation is recommended). In addition, they can deduct up to $30 that would
otherwise go to legal aid, $5 designated for lobbying and $5 designated for the
elimination of bias fund.
Active
lawyers with qualifying income levels are eligible for a 25-percent reduction
in the membership fee. To qualify, a lawyer must declare a total gross annual
individual income from all sources of less than $40,000 in 2014.
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.
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. 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.
Applicants sought for board of Southern California legal nonprofit
The State Bar of California is seeking applications from attorneys interested in serving on the board of directors of the Legal Aid Society of Orange County and Community Legal Services in Southeast Los Angeles County. Applicants for the two vacant positions must practice or reside in the area the organization serves.
One position is currently open, while the second position will be open in July. Both terms are for three years with the potential for reappointment. The deadline to submit applications is Jan. 31.
The Legal Aid Society of Orange County and Community Legal Services in Southeast Los Angeles County was created to provide legal assistance to low-income residents of Orange and southeast Los Angeles counties. Its board of directors has 10 to 12 meetings a year. More information on the organization can be found at http://www.legal-aid.com.
Eligible applicants must be State Bar members, have an interest and knowledge of the delivery of quality legal services to the poor and support the organization’s mission. To apply, send a letter listing the reasons you should be appointed and a resume outlining work experience, community activity and educational background. The materials should be sent to Sarah Lindsey Chanrasmi, The State Bar of California, Office of Legal Services, 180 Howard St., San Francisco, CA 94105. Questions can be directed to 415-538-2534 or sarahlindsey.chanrasmi@calbar.ca.gov.
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.
Legal
specialists: Your CLE reporting deadline is changing
Certified
legal specialists will now begin reporting their legal specialist education
compliance at the same time as their Minimum Continuing Legal Education (MCLE)
compliance.
That means
that certified specialists in MCLE Compliance Group 2 (whose names began with
H-M when they were admitted), will need to report not only their MCLE compliance but also their
specialist legal education compliance by Feb. 2. Specialists are
required to have at least 36 hours of legal specialization education every
three years.
The deadline was changed to simplify reporting so attorneys would associate all
task related to education with the February date.
Although MCLE
reporting may be done online by logging onto My State Bar Profile, that’s not the case yet for the specialist education reporting.
Specialists in Group 2 must fill out a form, which is available online. For questions, email legalspec@calbar.ca.gov or call 415-538-2180.
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 year.
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 contactLAP@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).”