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California Bar Foundation
 
You Need to Know

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 pageLLP 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 insuranceworkers’ compensation insurancegroup and individual disability planslife insurance, accidental death and dismemberment (AD&D), autohome 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).”