Help shape
the Rules of Professional Conduct
A commission undertaking a revision of the ethical rules for
lawyers in California is seeking
input by June 16 on proposed changes or areas of study.
Submit your comments to the
State Bar’s Commission for the Revision of the Rules of Professional Conduct on
an online form: http://bit.ly/2dRRCInitialPC.
Written comments can also be
sent to: Audrey Hollins, Professional Competence Unit, State Bar of California,
180 Howard St., San Francisco, California, 94105-1639 or audrey.hollins@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 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.
Apply to
judicial evaluation commission
The State Bar seeks active members of the bar, former members of
the judiciary and members of the public who are interested in volunteering to
serve on the 2016 Commission on Judicial Nominees Evaluation (JNE Commission).
The application deadline is June 1. The application form and information
on the commission are available from the State Bar’s website or by calling 415-538-2370.
Nominate someone for a Judicial Council award
The Judicial Council of California is accepting nominations
through June 1 to recognize extraordinary dedication,
outstanding leadership and significant contributions to advancing the council’s
strategic goals for the judicial branch. More information is on the California Courts website.
Register for the California Solo and Small Firm Summit
The solo and
small firm summit is holding its annual summit in Newport Beach June 18-20.
The content is
geared toward California attorneys who are in a solo or small firm practice.
Attendees are eligible for up to 10 hours of Minimum Continuing Legal Education
(MCLE) credit.
More information
is on the summit’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 to search
for certified and registered interpreters who are in good standing with the
Judicial Council, available here: http://www.courts.ca.gov/3796.htm.
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.
Farm
worker advocates wanted for appointment
The State
Bar of California’s Office of Legal Services is seeking applications from
attorneys with connections to farm worker advocacy or farm worker communities
to serve a two-year term on the California Rural Legal Assistance Board of Directors. The deadline for applications is June 15.
CRLA is a
nonprofit that provides legal assistance to the rural poor. The bar is seeking
applications to fill three available positions on the board.
Interested
applicants should apply by letter to Frank Monti, The State Bar of
California, 180 Howard St., San Francisco, CA 94015. The application should
also include a resume that outlines work experience, community activity and
educational background.
Nominations open for 2016 professional responsibility award
The State Bar of California is seeking nominations of California
attorneys for the 2016 Harry B. Sondheim Professional Responsibility Award. The
deadline for nominations is Aug. 31. The award will be presented at
the 2016 Annual Statewide Ethics Symposium.
The Harry B. Sondheim Award recognizes a California lawyer,
living or deceased, for outstanding long-term contributions to the advancement
of attorney professional responsibility standards in California. The
nomination form and additional information are available online.
For more information, contact Angela Marlaud, Angela.Marlaud@calbar.ca.gov or 415-538-2116.
Register for the legal specialist exam
Attorneys seeking to get State Bar certification as a specialist
in their practice area may sign up to take the one-day exam given Oct.
27.
The exam is offered every other year and is open to attorneys
who have practiced in a designated specialty area and are able to complete the
experience, education and reference requirements by January 2019.
Registration continues through Oct. 1, but those who
sign up by Sept. 1 qualify for a discount.
The bar offers free preparation packets on its website to help
attorneys gauge how much study is needed. For more information, see the Board of Legal Specialization web page.
There you’ll also find more information about the various
preparation courses that are offered by the bar and outside providers.
“Quite a few members feel that they want the support or
refresher of a prep class, especially because the examination may cover more
areas than they normally see in their daily practice,” said Natalie Leonard,
director of legal specialization.
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 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 ― 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).”