Meeting set to discuss TFARR recommendations

A meeting has been set for 2 p.m. on July 7 for members of the public to give input on proposed modifications to the Task Force on Admissions Regulation Reform II.

The proposal calls for pre-admission competency training, 50 hours of pro bono service and mandatory CLE training during the first year of practice. State Bar staff has recommended modest changes to the proposal to reduce implementation costs.

The meeting is one step before the changes go to the State Bar Board of Trustees for consideration and formal public comment.

New filing requirements for PAGA cases

The budget signed by Gov. Jerry Brown last month included changes to the state’s Labor Code Private Attorney General Act (PAGA) that authorizes aggrieved employees to file lawsuits to recover civil penalties. Changes include court review of settlements, filing fees and online filing.

The changes are part of an oversight effort to give the state better data on filing, said Garin Casaleggio, deputy secretary for communications at the state’s Labor and Workforce Development Agency.

For more information, see the agency’s new web page devoted to the changes.

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 Section 13404. Registration requirements are set forth in Business & Professions Code Sections 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 Section 16306(f), which specifically removes the protection from liability for claims based upon legal work.

Before 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

A sample “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 would 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, a health issue 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 or work problems, substance abuse, health or 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.

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