Bar seeks opinion on seven issues

Publication of opinions

The Review Department of the State Bar Court currently publishes the vast majority of its opinions in the California State Bar Court Reporter. The proposed addition of rules 1340 through 1343 of the Rules of Practice of the State Bar Court would expressly permit the review department to selectively publish or partially publish its opinions.

Source: Executive Committee of the State Bar Court

Deadline: Nov. 29

Contact: Sabrina Johnson, Office of the State Bar Court, 100 Van Ness Ave., 28th Flr., San Francisco 94102-5238; 415/241-2019

Attorney advertising

Proposed new paragraph (E) of California Rule of Professional Conduct 1-400 (Advertising and Solicitation) would prohibit a member from sending an unsolicited communication seeking professional employment, relating to an accident or disaster, by mail or equivalent means to a person involved in such accident or disaster or a relative of that person less than 30 days after the accident or disaster. Comment is sought regarding whether attorneys' targeted mail advertising to accident and disaster victims and their relatives is a problem in California. In conjunction with the proposed rule, the board committee will consider the need for legislation to control insurance companies who contact accident and disaster victims less than 30 days after an accident or disaster.

Source: State Bar Board Committee on Admissions & Competence

Deadline: Dec. 2

Contact: Katherine McMahon, Office of Professional Competence, Planning & Development, 100 Van Ness Ave., 28th Flr., San Francisco, CA 94102-5238; 415/241-2157

Publicizing firm's name

Adopt a policy to 1) publish the name of the law firm or office where a disciplined attorney was affiliated at the time of the discipline violation, or 2) publish the size and type of the law firm or office where a disciplined attorney was affiliated at the time of the discipline violation.

Source: State Bar Board Committee on Discipline, Discipline Evaluation Committee/Office of the Chief Trial Counsel

Deadline: Dec. 5

Contact: Mary Yen, deputy trial counsel, 555 Franklin St., San Francisco 94102-4498; 415/561-8258

CPRE will end

The State Bar intends to discontinue administration of the California Professional Responsibility Examination (CPRE) and return to the prior requirement that disciplined attorneys take and pass the Multistate Professional Responsibility Examination. Disciplined attorneys are also required to successfully complete State Bar ethics school. The proposed amendments to rules 321(c) and 665(a) of the Rules of Procedure of the State Bar would remove the specific reference to the CPRE and add a requirement for disbarred or resigned attorneys who seek reinstatementto successfully complete State Bar ethics school.

Source: State Bar Board Committee on Discipline

Deadline: Dec. 5

Contact: Sabrina Johnson, Office of the State Bar Court, 100 Van Ness Ave., 28th Flr., San Francisco 94102-5238; 415/241-2019

Discipline assessments

Amend Business & Professions Code §§6086.10, 6092.5 and 6140.7 to: 1) require privately reproved lawyers to pay costs, 2) require disbarred or resigned lawyers to pay costs as a condition of applying for reinstatement, 3) require disciplined lawyers to reimburse the State Bar for the cost of expert witnesses, 4) authorize the State Bar to collect costs from respondents who enter voluntary agreements in lieu of disciplinary prosecution (ALDs) with the State Bar, and 5) permit the State Bar to collect disciplinary costs incurred in involuntary inactive enrollment proceedings.

Source: The Task Force on Discipline Costs

Deadline: Dec. 5

Contact: Mary Yen, deputy trial counsel, 555 Franklin St., San Francisco 94102-4498; 415/561-8258

Pro bono/MCLE credit

Proposed new section 6.1.6 of MCLE rules and regulations would permit state and federal employees to provide pro bono legal services through a qualified legal services project (defined as one receiving IOLTA funds) without losing their exemption from the MCLE requirement. The sponsor of the pro bono project would be required to certify that the member received the necessary training.

Source: State Bar Board Committee on Admissions & Competence

Deadline: Dec. 5

Contact: Lorna Maynard, Office of Certification, 100 Van Ness Ave., 28th Flr., San Francisco 94102-5238; 415/241-2115 (phone), 415/241-2180 (fax), or maynard@ix.netcom.com

Mandatory fee arb

Under the Guidelines and Minimum Standards for the Operation of Mandatory Fee Arbitration Programs (§ V.1), any party who believes that a fair hearing is not possible through a local bar program may request that the matter be removed to the State Bar. Section V.1 requires the local bar to "release jurisdiction of the matter upon notification of the State Bar's acceptance." The proposed amendment would require the local bar program to stay the fee arbitration matter when a party seeks removal to the State Bar until the State Bar makes a determination whether to accept jurisdiction.

Source: State Bar Board Committee on Client Relations & Assistance and State Bar Committee on Mandatory Fee Arbitration

Deadline: Dec. 9

Contact: Susie Mueller, Office of Fee Arbitration, 100 Van Ness Ave., 28th Flr., San Francisco 94102-5238; 415/241-2036