LAP financial aid

Proposed revisions to three of the Rules Governing the Financial Assistance Plan of the Lawyer Assistance Program would affect outpatient therapy, installment payments for delinquent debt and loans to returning participants.

Proposed Public Comment

Conflict of interest

Proposed revisions to the list of State Bar-designated employee positions governed by the bar’s conflict-of-interest code.

Proposed Public Comment

Ethics opinion

The State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC) proposes Formal Opinion Interim No. 05-0005 that considers a successor attorney’s ethical obligations when her client in a contingency fee matter instructs her not to notify prior counsel, who has a valid lien against the recovery, of the fact or the amount of a settlement.

Proposed Public Comment

Subpoena forms

Proposed amendments to the State Bar Rules of Procedure will allow use of Judicial Council subpoena forms.

Proposed Public Comment

Procedure for resigning with charges pending

Proposed amendments to the California Rules of Court and the State Bar’s Rules of Procedure would create a new procedure for handling the resignation of lawyers with disciplinary charges pending. Such resignations would be recognized as disciplinary in nature, would constitute an admission of a no contest plea, and includes potential permanent prohibition of reinstatement.

IOLTA rules

Proposed revisions to IOLTA rules and a new Rule of Court will implement AB 1723, IOLTA comparability legislation signed into law in October that permits attorneys to hold client funds in either interest-bearing demand trust accounts or in cash management accounts that permit overnight investment into higher-yield investments backed by U.S. government securities.

Proposed Public Comment