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You Need to Know

JNE Commission is looking for new members

Active members of the State Bar, former members of the judiciary and members of the public who are interested in volunteering to serve on the 2012 Commission on Judicial Nominees Evaluation (JNE) may apply for an appointment. The application deadline has been extended to June 15.

Lawyer commissioners must be members of the bar in good standing, with a preference for those in practice 10 years or more. Consideration is given to lawyers with substantial litigation, trial and/or appellate experience. The commission also may include one or more former members of the judiciary; those with appellate backgrounds are encouraged to apply. The time commitment is at least 35-40 hours each month or approximately 55 working days per year.

JNE evaluates candidates for judicial appointment, maintaining a strict code of confidentiality.

The commission continues to use electronic rating forms for judicial candidates in an effort to generate more responses, relieve commissioners of administrative burdens and reduce postage. Raters are able to complete the form in a matter of minutes. Testing of electronic forms began last year and forms were successfully transmitted to active bar members in Northern and Southern California.

Questions and comments about the new process may be sent to jneccf@calbar.ca.gov.

Law corporations and LLPs must be registered

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; and
  • 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, it is advisable to check with the State Bar to ensure that 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. Assistance is available at 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.

Legal specialist exam set for October 


The certified legal specialist exam will be given October 25 in Pasadena and Oakland. Attorneys with three or more years of experience may sit for the exam in one of 13 areas of law: admiralty and maritime; appellate, civil; appellate, criminal; bankruptcy; criminal law, state; criminal law, federal; estate planning, trust and probate; family; franchise and distribution; immigration and nationality; legal malpractice; taxation; and workers’ compensation. 

Certification is a two-step process. In addition to passing the exam, specialists must demonstrate a high level of experience in the specialty field, practice in the specialty for five years (though they can take the test at three years), fulfill ongoing education requirements, and be favorably evaluated by other attorneys and judges familiar with their work. 

Attorneys will have at least 18 months after passing the exam to complete these requirements, but they can begin tracking requirements for this portion of the process from their first day in practice using sample applications located on the website under each area of law.

The registration deadline for the exam is Sept. 26. The exam, given every other year, consists of 75 multiple-choice questions and eight short essays. For a limited time, new specialties in admiralty and legal malpractice have an alternate route to certification, replacing the exam with additional requirements. In addition, immigration and nationality standards have been updated to accommodate practice realities for business immigration lawyers.

California Bar Foundation is looking for board members

The California Bar Foundation is seeking applications for several positions on its Board of Directors for terms beginning Jan. 1. Attorneys, judges and members of the public who have a demonstrated interest in and commitment to the foundation’s charitable mission, who have previous board, public or community service, and/or who are knowledgeable about charitable fundraising are encouraged to apply. 

The California Bar Foundation is a 501(c)(3) nonprofit organization affiliated with the State Bar of California, dedicated to building a better justice system for all Californians. Through gifts from lawyers, law firms and other donors, the foundation distributes grants for law-related projects and scholarships for students pursuing public interest careers, and supports other educational programs. More information about the foundation is available at www.calbarfoundation.org.

Members of the board serve two-year terms and are expected to attend approximately five board meetings per year, participate on at least two committees and possibly attend other events. They also are expected to participate in fundraising and annually make a personally significant financial contribution to the foundation. 

The application deadline is Aug. 12, 2011.  Applicants must submit a resume and statement of interest by mail, fax or email to: Leslie Hatamiya, Executive Director, California Bar Foundation, 180 Howard St., San Francisco, CA 94105; 415-856-0788 (fax); lhatamiya@calbarfoundation.org. Appointments will be made by the State Bar Board of Governors in November.

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 all-new Support 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 an Orientation & 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.

Litigation Section schedules A Week in Legal London in May

The State Bar Litigation Section will hold its 23rd “A Week in Legal London” May 15-20, offering attendees an opportunity to experience the inner workings of the English legal system, expand litigation skills and network with members of the London legal community. Participants will attend sessions at the Royal Courts of Justice, Old Bailey and the High Court of Justice, and attend luncheons at historic Inns of Court generally available only to members of the British legal community.

Participation is limited to 60 people. Additional information about the educational programs, registration and travel arrangements is available at www.aweekinlegallondon.com. Questions may be addressed to Michelle McFadden at legallondon@mosaicevents.com or 801-278-3641.

Member benefits from CalBar Connect

Celebrate Mother’s Day by taking advantage of a 20 percent discount on flowers and gifts offered by From You Flowers. Named CNBC’s “Best Overall Quality and Price” floral delivery service in 2010, From You Flowers is part of CalBar Connect, a member service and benefits initiative provided by the State Bar.

Visit CalBar Connect for information on programs and discounts including promotions from Hertz and Lenovo Computers and others. The bar also offers a variety of insurance plans including Professional Liability Insurance, Workers’ Compensation Insurance,  Group and Individual Disability plans, Life Insurance, AD&D, Auto, Home and Business Office Plans.

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).”

Members also may email their opt-out request to memrec@calbar.ca.gov.

Include your bar number.