Bar rules are now available in an 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.
For a
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.
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.
New
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.
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 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,
etc.).
The new
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.
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. Although early-bird
registration expired last month, applicants still may register for the exam.
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 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.
State Bar
co-sponsors federal judicial conference this month
The State Bar will co-sponsor the Court of
Federal Claims annual judicial conference this month in Berkeley. The Oct.
18-19 program, at the Claremont Resort and Spa, will highlight
many key areas of the court’s jurisdiction, including bid protests,
government contracts, patents, Fifth Amendment takings and Indian law. In
addition, more than a full day will address the court’s vaccine
jurisdiction.
Speakers include Chief Judge Randall Rader of the United
States Court of Appeals for the Federal Circuit and Assistant Attorney General
Tony West of the United States Department of Justice’s Civil
Division.
Details are available at the court’s website.
Training 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 and others.
Complete details, including a request for proposal form, can
be found at the State Bar website.
Take your career to
the next level
The State Bar Lawyer Assistance Program will sponsor a free,
three-hour presentation, “300
Things You Can Do With a Law Degree,” Oct. 20 at the Practising Law
Institute in San Francisco. The presentation will be simulcast live by PLI and
will be available in its online catalogue for a month. Visit www.pli.edu for further information or to
register.
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.
Legal
services volunteer sought
Lawyers interested in serving on the Board of Directors for
the Legal Aid Society of Orange County (LASOC) and Community Legal Services in
Southeast Los Angeles County are invited to submit an application to the State
Bar. One three-year position is open. Applicants who currently practice
in Orange County are preferred.
The application deadline is Nov. 1.
LASOC/CLS provides legal assistance to low-income residents
of Orange and southeast Los Angeles counties. The board of directors meets
10-12 times a year in person, via teleconference, or via videoconference to
make policy decisions governing the program’s operations.
Interested attorneys should submit a resume, outlining
work experience, community activity and educational background with a letter
listing the reasons they should be appointed. Bar number must be included.
Materials should be sent to Chris Zupanovich, 180 Howard St., San Francisco, CA
94105-1639. Information is available at 415-538-2534 or chris.zupanovich@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
Oct. 7 and Nov. 11 at the bar offices in Los Angeles, 1149 South Hill St., and
Oct. 21 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 richard.carlton@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 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.
Membership Benefits
from CalBar Connect
CalBar Connect, part
of the State Bar’s member services and benefits initiative, provides a
wide variety of discounts and promotions. State Bar
members can save up to 26 percent on UPS shipping; the first 50 members to sign up for the program will
receive a prepaid next day air letter.
Other programs and discounts include promotions from Hertz and Lenovo Computers. The
State 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.