discipline hearings scheduled
The State Bar will hold its annual hearings next month for the public or lawyers to make
proposals or offer comments about attorney disciplinary procedures, attorney
competency and admissions procedures. The first hearing will begin at 10
a.m. Dec. 7 in the bar’s San Francisco offices at 180 Howard St (fourth
floor). The Los Angeles hearing is scheduled for 10 a.m. Dec. 13 at 1149 South
Hill St. (seventh floor).
who wish to speak at the hearings and/or present written materials should
contact Doug Hull at 415-538-2015 or email@example.com by Dec. 2.
rules are now available in an e-Reader
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.
limited time, the e‑Reader version of the rule book can be purchased at
Amazon.com for $4.99, a quarter of 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.
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 added a new area dedicated to Ethics
and Technology ― a collection of resources that address professional
responsibility issues raised by the use of Internet websites, email, chat rooms
and other technologies. The resources include advisory ethics opinions,
articles and MCLE programs.
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 new page is
organized both by the type of resource (ethics opinion, article, etc.) and by
subject matter (law firm websites, electronic files, social networking,
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.
proposals sought for statewide legal services conference
Legal services constituency groups who wish to submit a
training proposal for use at the 2012 Pathways to Justice Conference must
complete their submissions by Nov. 4. Although the conference planning group
will consider all proposals, it has identified several high priority areas: delivery
of legal services to diverse client communities; emerging issues; innovation in
delivery of legal services (e.g. new technology, creative partnerships, etc.);
effective pro bono programs; organizational infrastructure/management and
practical skills-based trainings. The planning group may modify
and/or consolidate proposals.
Scheduled for June 7-8 at Hastings law school in San
Francisco, the conference will offer up to 10.5 hours of MCLE credit and is
designed to address issues faced by legal services and pro bono providers,
self-help centers, small claims advisors, lawyer referral services, law schools
Complete details, including a request for proposal form, can
be found at the State Bar website.
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
- 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
- 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.
Free substance abuse/emotional distress MCLE
The State Bar Lawyer Assistance Program will offer free MCLE
presentations this fall that offer the required one hour of credit in
Prevention, Detection & Treatment of Substance Abuse. Courses are scheduled
Nov. 11 at the bar offices in Los Angeles, 1149 South Hill St., and Nov. 4 in
the bar’s San Francisco office at 180 Howard St.
Register in advance. For more information or to
register, contact Richard Carlton at 415-538-2355 or firstname.lastname@example.org.
Create a surrogacy
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
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
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.
from CalBar Connect
CalBar Connect, part
of the bar’s member services and benefits initiative, currently offers a
promotion from Lenovo Computers. Lawyers can enter now for a chance to win
$50,000. The offer is good through Jan. 8.
The program, 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).”
Members also may email their opt-out request
to email@example.com. Include your bar number.