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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.
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.
Learn about modest means incubators near Fresno
The California Access to Justice
Commission is
holding its third and final regional meeting regarding its Modest Means
Incubator Project at the San Joaquin College of Law in Clovis on Sept. 5.
The project is part of a
national movement intended to connect practical training for new lawyers with
providing excellent and affordable legal assistance to low- and moderate-income
clients. With the help of grants, the project includes the informational
meetings and seed grants to organizations that propose the best incubator
projects.
Free registration is available online.
Comment on the court’s language access plan
The Joint Working Group for
California’s Language Access Plan is seeking public comment through Sept.
29 on a draft Strategic
Plan for Language Access in the California Courts. Following the public
comment process, the plan will be revised and a final plan will be presented to
the Judicial Council for its review and adoption. Instructions for submitting
comment are on the court’s
website.
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.
New 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, 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
As of July 1, attorneys who encounter a fee dispute with a
client are required to use the State Bar’s updated version of the Notice of Client’s Right to Fee Arbitration form.
The form, approved by the State Bar Board of Trustees on
March 7, incorporates a handful of changes, including clarifying who can
request fee arbitration and making it clear that more than one bar association
may have jurisdiction to hear a fee dispute. The new version also contains the
State Bar seal, a change made to ensure 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).”