Email “phishing” scams
continue to target lawyers
Attorneys are reminded to be wary of any unusual email
solicitations from prospective clients after another scam was brought to the
State Bar Office of Chief Trial Counsel’s attention last month.
In early September, a Southern California attorney alerted
the State Bar after he was contacted by someone purporting to be selling a
dredger and seeking an attorney to assist in the transaction. Suspicious of the
email, the attorney contacted a vice president at the company that was
supposedly purchasing the equipment. The vice president told him he was already
aware of the fraud and had been contacted by other attorneys who received
similar suspicious letters of intent.
Though it’s unclear what the fraudsters’ plan was, the scam
appears to be similar to fraud that’s been aimed at collection lawyers. What
often happens in those scams is that the fraudsters will negotiate the terms of
their relationship with an attorney, including a fee agreement, and then the
attorney will receive a cashier’s check purportedly from the debtor and deposit
it. The phony client will ask the attorney to wire the money, minus the
attorney fees, to a foreign bank. The cashier’s check then turns out to be
fraudulent and the attorney is left to bear responsibility.
Two Board of Trustees
seats open
Attorneys interested in seeking an elected seat on the State
Bar Board of Trustees may access nominating
petitions beginning on Oct. 1.
Two seats will be up for election – one each in Districts 4
(Imperial, Inyo, Orange, Riverside, San Bernardino and San Diego counties) and
5 (Fresno, Kern, Kings, Madera, Mariposa, Merced, Stanislaus, Tulare and
Tuolumne counties).
The Board of Trustees has moved up the election cycle. It
will be held four months earlier than previous years to allow board members who
are in their final year of service to run for re-election or seek reappointment
in time to qualify for service as board president, vice president or treasurer.
Nominating petitions must be submitted by Dec. 1 Ballots will be mailed Dec. 31 and voting will be completed by March 2.
Attorneys will continue to have the option to vote electronically or by mail.
Any active member of the State Bar who maintains his or her
principal office for the practice of law within the State Bar district in which
there’s a vacancy is eligible to run for a seat on the board. The newly elected
trustees will be sworn in at the conclusion of the 2015 Annual Meeting in
October.
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 to the
Daily News Digest by sending an email to newsdigest@calbar.ca.gov.
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 and LinkedIn.
Foundation awards diversity
scholarships
The California
Bar Foundation awarded scholarships last month to 33 first-year law
students who are from communities that are historically underrepresented in the
legal profession.
The recipients include members of JusticeCorps, a veteran,
volunteers with the Southern Poverty Law Center, a staff investigator for the
Public Defender Service in Washington, D.C., and numerous recent immigrants.
The foundation awarded the scholarships at a Sept. 18
ceremony in Los Angeles featuring remarks by Stanford Professor
Mariano-Florentino Cuellar, who has been named to the California Supreme Court.
For more information about the scholarship recipients and
the underwriters, see the
foundation’s website.
Leadership summit features
chief justice, congresswoman
The State Bar Council on Access and Fairness is sponsoring a
two-day leadership
summit Oct. 30 and 31 in San Francisco. Deadline for registration is Oct.
15.
Chief Justice Tani G. Cantil-Sakauye and Congresswoman
Jackie Speier, D-Hillsborough, are the keynote speakers. See the event
brochure for more information.
SF Bay Area attorneys sought for poll
A team of nonprofit and community leaders is seeking the help of
non-practicing and part-time attorneys to find ways to make pro bono work more
accessible in the San Francisco Bay Area.
If you are a non-practicing or part-time attorney in the Bay Area, you are
asked to take five minutes to fill out an online survey. You
may also forward the survey link to others.
“Your feedback will help us better understand your needs and interests and,
in turn, assist us in building innovative pro bono programs that get
non-practicing and part-time attorneys involved,” said Michael J. Winn, a
senior staff attorney at OneJustice in San Francisco.
Enjoy a week in ‘Legal London’
Want to visit London and learn about the inner workings of the English legal
system? Now in its 26th year, the Litigation Section is hosting “A Week in
Legal London,” April 19 through 24, 2015, giving participants
the chance to expand their litigation skills and engage in thought-provoking
discussions with members of the London legal community.
Participants will attend sessions at the Supreme Court, the Royal Courts of
Justice, and the Old Bailey, and attend luncheons at the historic Inns of
Courts generally only open to the British legal community. The week concludes
with a gala dinner in the House of Lords private dining room.
In an effort to keep the program intimate, the cap on participants is 60, so
register early. Go to www.aweekinlegallondon.com for additional information about educational programs, registration and travel
arrangements.
For questions, contact Michelle McFadden at legallondon@mosaicevents.com or
801-278-3641.
Law affects immigration attorneys
Attorneys and immigration consultants are prohibited from collecting money
for services related to federal immigration reform until Congress acts under a
State Bar-sponsored bill that went into effect last fall.
The consumer protection legislation, authored by Assemblywoman Lorena
Gonzalez, D-San Diego, was introduced in response to reports from law
enforcement that the federal debate over immigration reform was prompting scams
aimed at undocumented immigrants.
The legislation, which went into effect upon Gov. Jerry Brown’s signature
Oct. 5, 2013, also:
- Requires attorneys and immigration consultants to account
for any money already accepted for immigration reform services and either
refund the money or deposit it in a client trust account.
- Requires attorneys to inform clients receiving immigration
reform act services where they can report complaints. A notice for attorneys to use has been posted on the
State Bar’s website and has been translated into multiple languages.
- Increases the amount of bond that immigration consultants
must carry from $50,000 to $100,000 as of July 1.
- Prohibits the use of the term “notario,” which has been
misconstrued as someone who is qualified to give legal advice.
- Provides that a person who violates the ban on the use of
the term “notario” is subject to a civil penalty of up to $1,000 a day for
each violation.
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 month.
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 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 successfully implemented the use of email to gather
comments, but continues to encounter one barrier: the spam filter. Most of
JNE’s emails do 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 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 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 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 on 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, 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 page, LLP 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 insurance, workers’ compensation insurance, group and individual disability plans, life insurance, accidental death and dismemberment (AD&D), auto, home 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).”