Discipline of bar lawyers

Proposed amendments to rule 2201 of the Rules of Procedure would clarify the process when a disciplinary complaint is received against a State Bar employee or an attorney member of the board of governors or any other bar entity.

Proposed Public Comment

Permanent disbarment

Proposed California Rule of Court would authorize the State Bar to recommend permanent disbarment for lawyers whose misconduct meets certain guidelines, would increase the waiting period for reinstatement from five to seven years and would require individuals seeking reinstatement to take and pass the attorneys' bar exam.

Proposed Public Comment

Fee arbitration

Further revisions to the State Bar’s mandatory fee arbitration rules of procedure.

Proposed Public Comment

Funds withdrawn from a client trust account

Proposed formal opinion interim No. 05-0008 considers whether an attorney who has withdrawn a fee from a client trust account in compliance with rule 4-100(A)(2) is ethically obligated to return any of the withdrawn funds to the client trust account when the client later disputes the fee.

Proposed Public Comment

Financial default

Proposed addition of Rule 286 of the Rules of Procedure of the State Bar of California would provide that a disciplined attorney’s failure to make timely payments of discipline costs or Client Security Fund reimbursements pursuant to a court-ordered installment payment plan will result in the unpaid balance becoming immediately due and payable unless relief is granted. Proposed rule 291 would provide that any reimbursement to the Client Security Fund ordered by the State Bar Court or the Supreme Court must be paid within 30 days following the effective date of the order, unless otherwise ordered by the Court or unless relief has been granted.

Proposed Public Comment

Fee arbitration

Proposed revisions to the minimum standards for the operation of mandatory fee arbitration programs would, among other things, delete the requirement that the client sign a fee arbitration request that is initiated by a third party guarantor.

Proposed Public Comment

Probation revocation proceedings

Proposed addition of rule 562.5 of the Rules of Procedures of the State Bar of California would prohibit the consolidation of probation revocation proceedings with any other disciplinary proceedings, including another probation revocation matter.

Proposed Public Comment

Social Security numbers

Proposed Amendment of Rule V, Rules Regulating Admission to Practice Law in California, would allow applicants seeking admission to practice law in California who cannot obtain a Social Security number to request an exemption from the Social Security requirement.

Proposed Public Comment

Insurance disclosure

Two proposed insurance disclosure rules would require (1) direct disclosure to the client if an attorney is not covered by professional liability insurance; and (2) disclosure to the State Bar if an attorney is not covered. The bar would make publicly available the names of lawyers who are not insured.

Proposed Public Comment

Fee arbitration model rules

Proposed State Bar Model Rules of Procedure for Fee Arbitration. The new rules comply with the latest developments in the law and are designed for local bar adoption.

Proposed Public Comment

New, amended rules of professional conduct

Twenty-seven new or amended Rules of Professional Conduct are proposed by the State Bar’s Special Commission for the Revision of the Rules of Professional Conduct.

Proposed Public Comment