Apply
to be a State Bar Court hearing judge
Applications
are being accepted through Nov. 21 for those interested in serving as a State
Bar Court Hearing Department judge in Los Angeles.
The
California Supreme Court’s Applicant Evaluation and Nomination Committee will
vet the candidates to fill the unexpired term of Judge Richard A. Honn, who was
elevated to the State Bar Court Review Department. Honn’s term ends Oct. 31,
2016, at which time the appointee will be eligible for reappointment to a full
six-year term.
The
State Bar Court is an independent entity that exclusively hears attorney
discipline and regulatory matters and makes recommendations to the California
Supreme Court.
More
information and application forms are available on the State Bar Court
website.
For questions or to request an application by mail, call 415-538-2001.
Two
Board of Trustees seats open
Nominating petitions are due Dec. 1 from attorneys
interested in seeking an elected seat on the State Bar Board of Trustees.
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.
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.
Apply for an incubator seed grant
The State Bar of California is accepting seed grant
applications from organizations interested in developing incubator programs to
deliver legal services to people of low and moderate means.
Incubators provide training and support for new lawyers starting
their own solo, small firm or nonprofit practices. Experienced attorneys
provide mentorship and supervision.
The State Bar’s Office of Legal Services has received
funding from the Ford Foundation, the Public Welfare Foundation and the
California Bar Foundation to award three to five grants of between $20,000 and
$50,000. The one-time, non-renewable grants will be distributed by early 2015.
The deadline for applications is Dec. 1. For more
information, and to apply, please visit the Office
of Legal Services web page.
Think twice before giving a gift to a judge
With the arrival of gift-giving season, State Bar ethics experts have added new information for attorneys on judicial ethics, including the topic of gifts to judges. During this gift-giving season, a lawyer may want to give a modest present to a judge or employee of a tribunal. Selected resources found on the judicial ethics page strongly suggest that a lawyer should be very cautious about this conduct. In particular, one of the linked resources is an opinion of the California Committee on Judicial Ethics Opinions, Formal Opinion No. 2014-005. Applying applicable provisions of the California Code of Judicial Ethics, the committee opines that there are many circumstances where acceptance of a gift would be absolutely banned, including situations where the gift-giver is a lawyer.
The updated judicial ethics page provides a collection of selected resources intended to promote a lawyer’s awareness and understanding of judicial ethics. In some circumstances, a lawyer is required to comply with standards ordinarily applicable only to judges (for example, a lawyer serving as a temporary judge, referee or court-appointed arbitrator).
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.
Participate
in a research project on lawyer addiction, mental health issues
The
American Bar Association Commission on Lawyer Assistance Programs and Hazelden
Betty Ford Foundation are collaborating on a research project
to survey the current rates of substance use, depression and anxiety among
legal professionals in the United States.
The
anonymous, confidential survey is designed to capture current, reliable data on
these issues to benefit the legal profession. Lawyers may participate even if
they have not experienced any difficulties with substance abuse, depression or
anxiety.
The online survey is anonymous. Responses
go directly to the Butler Center for Research, which maintains the
confidentiality of all data. No identifying information will be asked and all
data will be de-identified, including IP addresses.
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.
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).”