New address in L.A.
The Los Angeles offices of the State Bar and State Bar Court
are moving to 845 S. Figueroa St., Los Angeles, CA 90017-2515 on Jan. 6.
The offices and courtrooms at 1149 S. Hill St. were closed
to the public on Dec. 23. The bar will maintain its headquarters at 180 Howard
St. in San Francisco.
Applications open for two
trustee positions
The California Supreme Court is accepting applications for
two open slots on the Board of Trustees.
The Board of Trustees is responsible for developing and
overseeing the State Bar’s statutorily mandated policies, including the bar’s
licensing, regulatory and disciplinary functions. The full board meets about
eight times a year.
For more information, including an application, a fact sheet
and more details about the duties of board members, see the State
Bar website. You can also write or call the Supreme Court Trustees
Nominating Committee, c/o Executive Director’s Office, State Bar of California,
180 Howard St., 10th Floor, San Francisco, CA 94105-1639
415-538-2279 or email tnccae@calbar.ca.gov
Applicants may have to provide their professional and
personal history and references and go through a background investigation and
personal interview. The deadline to apply is Feb. 28.
Nominations open for State
Bar awards
The State Bar has opened nominations for awards that recognize attorneys who
have a notable history of helping the poor, disabled or underserved.
March 17 is the
deadline to apply to the President’s Pro Bono Service Awards and the Loren Miller Legal Services Award. The Pro Bono awards recognize individuals, new
attorneys, law students, law firms, government agencies, solo practitioners and
corporate lawyers with a history of exceptional work in the pro bono field. The
Loren Miller award is given to an attorney with a long-term commitment to legal
services who has done significant work for the poor.
The bar will accept previous nominations, but the applications must be
resubmitted with updated information for the year 2013.
For applications and information about the Pro Bono, Loren
Miller and other awards, see the awards section of the State
Bar website.
State Bar committees need volunteers
The State Bar is seeking people to fill about 200 volunteer positions on
more than three dozen committees, boards and commissions, including teams
dealing with access and fairness issues and panels focused on particular areas
of the law and questions of professional responsibility and conduct.
There are also positions on legal services committees, including working on the
day-to-day delivery of legal services to poor and middle-income people,
administering the IOLTA program and exploring ways to improve access to civil
justice. For a complete list of openings, application forms and detailed committee
information visit the State Bar’s website at www.calbar.org/appointments.
Most appointments carry a three-year term. Applications are available by
calling the bar’s appointments office at 415-538-2370 or by faxing
415-538-2305. The deadline to apply for most positions is Feb. 3.
Applicants can apply to up to three committees, but can only be appointed to
one. The State Bar’s Board of Trustees will make the appointments between May
and July 2014, and committee terms begin Sept. 14, 2014.
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, 2014.
- 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.
State Bar
brokers field health insurance questions
California attorneys have a new resource for finding health
insurance. The State Bar is sponsoring a health care insurance program to help
lawyers find health care insurance by connecting them with sponsored health
care broker administrators.
Health care brokers can assist members and their families
and employees find quality health plans, both on and off the state health
insurance exchange. Marsh Risk
and Insurance Services is the first of two program administrators that will
deal directly with State Bar members. Their number is 800-236-4352.
The program was designed to coincide with the Oct. 1 rollout
of California’s new health insurance exchange, mandated under the 2010 Patient
Protection and Affordable Care Act, which requires that most Americans obtain
health insurance by 2014.
The program is being overseen by the State Bar Committee on Group Insurance Programs, which is also responsible for a
number of State
Bar-sponsored insurance programs including life, long-term care, disability
and homeowner’s.
For more information, contact Laila Bartlett, staff
coordinator for group insurance programs, at 415-538-2232 or laila.bartlett@calbar.ca.gov.
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 2013 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.
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).”