May 3 hearing on 2-day bar exam,
unaccredited schools
On Friday, May 3, the public will have
an opportunity to give input on two proposals concerning the admission to
practice law.
The Committee of Bar Examiners is
considering changing the format of the California Bar Exam from three days to
two days and changing some rules concerning law school accreditation. The
changes would require unaccredited schools to become accredited within 10 years
and allow distance learning schools to become accredited.
The forum will be held from 10:30 a.m.
to 12:30 p.m. at the State Bar’s offices at 180 Howard St., San Francisco.
MCLE hearing set for May 8
The State Bar Board of Trustees’ Member
Oversight Committee has scheduled a May 8 hearing to review Minimum Continuing Legal
Education Requirements (MCLE).
From 10 a.m. to 12:30 p.m., the
committee will focus on legal education providers. From 1:30 p.m. to 4 p.m., the
topic shifts to mode of delivery.
There will be an opportunity for public
comment at each session. The information gathered may ultimately be used to
develop a proposal for rule changes that would be submitted to the board.
SF Bay Area attorneys vote for new
trustee
Voting for a new State Bar Board of Trustees member begins this month for
attorneys who live in the San Francisco Bay Area.
Daniel
Dean, 47, a San Francisco litigator, and Omid
E. Talai, 30, an assistant district attorney with the San Francisco
District Attorney’s Office, are running in District 1, which covers Alameda,
Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Napa, San Francisco,
San Mateo, Solano and Sonoma counties.
Ballots will be mailed April 30, and State Bar members have until July 1 to cast their votes, either electronically or by mail. Newly appointed and
elected trustees will be sworn in for three-year terms at the State Bar Annual
Meeting in October.
More information about the board elections can be found on the State
Bar website.
Nominate a judicial officer for the access
to justice award
The California Commission on Access to
Justice is seeking nominations of California judges for the 2013 Benjamin
Aranda III Access to Justice Award. The deadline is May 31. The award
will be presented by the chief justice in the fall.
The Aranda award recognizes one
California trial judge, appellate court justice, or commissioner for his or her
efforts to improve access to our judicial system. The recipients have
demonstrated a long-term commitment to equal access to the courts and have done
significant work in improving access to the courts for low and moderate income
Californians. The nomination form and additional information is available at
the State Bar
website.
Contact Frank Monti, 415-538-2141,
for questions or further information.
Nonprofits seek attorney board members
Attorneys interested in giving back to the community are
invited to apply for vacancies on four legal services boards by May 24.
The boards of directors of the California Indian Service and California Rural
Legal Assistance are each seeking two new members. One position is open on the
Board of Directors of the Legal Aid Society of Orange County and Community
Legal Services in Southeast Los Angeles County, and one on the Board of
Directors of the Legal Aid Foundation of Los Angeles.
- California Indian Legal
Services: A nonprofit legal services corporation, CILS provides
legal assistance to the rural poor. Two, three-year positions on the
board, which meets four times a year, will be open starting Sept. 1. More
information on CILS can be found at www.calindian.org.
Eligible applicants must be State Bar members, support the purposes of the
Legal Services Corporation Act and must be interested in delivering
quality legal services to the poor.
- California Rural Legal
Assistance: CRLA is recruiting for two vacancies for two-year terms. More
information on the organization, which advocates for economic justice and
human rights on behalf of California's rural poor, can be found at www.crla.org.
- Legal Aid Society of Orange
County and Community Legal Services in Southeast Los Angeles County:
LASOC/CLS is seeking applicants for a three-year term. Applicants must
practice or reside in the area served by LASOC/CLS. More information about
the organization can be found at www.legal-aid.com/.
- Legal Aid Foundation of Los
Angeles: A three-year position on the board of LAFLA will be available
starting July 1. The organization provides legal assistance to the poor
and its board meets at least four times a year. Applicants should have a
knowledge and interest in the delivery of legal services to the poor and
can expect to spend considerable time raising funds for the organization.
For more information on LAFLA, go to its website, www.lafla.org.
Attorneys interested in any of the appointments should send a letter stating
the reasons that they want to serve, and a resume highlighting their
professional experience and community activity to: Sarah Lindsey
Chanrasmi, State Bar of California, Office of Legal Services, 180 Howard St.,
San Francisco, CA 94105 or sarah.chanrasmi@calbar.ca.gov. Applications
will be reviewed by and recommendations will be solicited from the respective
boards of directors. Questions can be directed to 415-538-2534.
Apply to serve on the JNE Commission
The State Bar is seeking active members
of the bar, former members of the judiciary and members of the public to serve
on the 2014 Commission on Judicial Nominees Evaluation (JNE Commission). The
application deadline is June 3. The application form and
information about the commission are available from the State
Bar’s website or from the State Bar's Appointments Office, 415-538-2370.
Become a
certified specialist
Start the process of becoming a board
certified specialist in California by registering for the next exam
administered Oct. 22, 2013.
The California Supreme Court created the
specialist program to increase public protection by identifying attorneys who
are specialists in key areas of law and by encouraging the highest standards of
practice in the profession.
The State Bar of California Board of
Legal Specialization offers the examination every other year in the following
areas of law: admiralty, appellate, bankruptcy, criminal, estate planning,
trust & probate, family, franchise immigration, legal malpractice, taxation
and workers’ compensation.
Attorneys who have been practicing in
the specialty area since January 2012 or earlier are eligible to register.
Register early to guarantee your preferred test center site in either South San
Francisco or Pasadena. Registration must be received by Sept. 10, 2013.
See the State Bar website to download an
examination application and to learn more about preparatory materials and
classes.
Significant
changes to the law concerning construction-related disability access claims
Senate Bill No.
1186,
authored by Senate President Pro Tem Darrell Steinberg (D-Sacramento) and
Senator Bob Dutton (R-Rancho Cucamonga), made significant changes to the law,
some of which impose State Bar disciplinary consequences on lawyers. The bill
contains an urgency clause, which means it was effective immediately upon
enactment Sept. 19, 2012, but some of its provisions didn’t go into effect
until Jan. 1. The bill includes the following provisions, all of which govern
construction-related disability access claims:
- A general prohibition against
sending a demand letter that includes a request or demand for money or an
offer or agreement to accept money, effective immediately
- A revision to the existing
mandatory written advisory that must be provided with a demand letter or
complaint, effective immediately
- A requirement that a lawyer send a
copy of a demand letter to the State Bar and the California Commission on
Disability Access, effective Jan. 1.
- A requirement that a demand letter
sent by a lawyer include the lawyer’s State Bar license number, effective
Jan. 1.
- A requirement that a lawyer send a
copy of a complaint to the California Commission on Disability Access,
effective Jan. 1.
- A requirement that demand letters
and complaints contain plain language sufficient for a recipient business
or property owner to determine the basis of alleged violations, including:
specific identification of each access barrier encountered; the date of
the incident; and a description of how each barrier interfered with full
and equal access, effective Jan. 1.
- A requirement that a complaint be
verified by the plaintiff, effective Jan. 1. A complaint filed
without verification is subject to a motion to strike
- A reduction of statutory damages if
specified conditions apply, effective immediately
- The establishment of procedures for
a mandatory evaluation conference, effective as to claims filed on or
after Jan. 1.
Help JNE move to
paperless evaluations
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 20 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. Over the past 18 months, the commission has experimented
with the use of email to gather comments, but has encountered one barrier: the
spam filter. While most of JNE’s emails reach their intended recipients, a
significant number 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: mailto:jneccf@calbar.ca.gov. Those who work
in legal offices 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, and
it will save the State Bar tens of thousands of dollars a year in copying,
stationery and postage costs.
Bar rules book
available for e-Reader
To facilitate a lawyer’s ability 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 2012 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 an
Internet or 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 at 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, 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.
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 an 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, 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).”