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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.

SOURCE: Board Committee on Regulation, Admissions and Discipline 
DEADLINE: July 11, 2006 05:00 PM
CONTACT: Itzel Berrio
The State Bar of California Office of the Chief Trial Counsel 180 Howard St.
San Francisco, CA 94105-1639
415-538-2541
415-538-2214 fax
itzel.berrio@calbar.ca.gov

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.

SOURCE: Board Committee on Regulation, Admissions and Discipline
DEADLINE: July 12, 2006 05:00 PM
CONTACT: Itzel Berrio
The State Bar of California Office of the Chief Trial Counsel 180 Howard St.,
San Francisco, CA 94105-1639
415-538-2541
415-538-2214 fax
itzel.berrio@calbar.ca.gov

Proposed Public Comment


Fee arbitration

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

SOURCE: Board Committee on Regulation, Admissions and Discipline
DEADLINE: July 21, 2006 05:00 PM
CONTACT: Jill Sperber
The State Bar of California 180 Howard St.
San Francisco, CA 94105-1639
415-538-2023
415-538-2335 fax
jill.sperber@calbar.ca.gov

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Funds withdrawn from a client trust account

Proposed formal opinion interim No. 05-0008 considers whether an attorney who has withdrawn a fee from a client trust account in compliance with rule 4-100(A)(2) is ethically obligated to return any of the withdrawn funds to the client trust account when the client later disputes the fee.

SOURCE: State Bar Standing Committee on Professional Responsibility & Conduct
DEADLINE: August 9, 2006 05:00 PM
CONTACT: Audrey Hollins
The State Bar of California Office of Professional Competence, Planning and Development 180 Howard St.
San Francisco, CA 94105-1639
415-538-2167
415-538-2171 fax
audrey.hollins@calbar.ca.gov

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.

SOURCE: Board Committee on Regulation, Admissions and Discipline
DEADLINE: August 18, 2006 05:00 PM
CONTACT: Itzel Berrio
The State Bar of California Office of the Chief Trial Counsel 180 Howard St.
San Francisco, CA 94105-1639
415-538-2541
415-538-2214 fax
itzel.berrio@calbar.ca.gov

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.

SOURCE: Board Committee on Regulation, Admissions and Discipline
DEADLINE: August 21, 2006 05:00 PM
CONTACT: Jill Sperber
The State Bar of California 180 Howard St.
San Francisco, CA 94105-1639
415-538-2023
415-538-2335 fax
jill.sperber@calbar.ca.gov

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.

SOURCE: Board Committee on Regulation, Admissions and Discipline
DEADLINE: September 15, 2006 05:00 PM
CONTACT: Itzel Berrio
The State Bar of California Office of the Chief Trial Counsel 180 Howard St.
San Francisco, CA 94105-1639
415-538-2541
415-538-2214 fax
itzel.berrio@calbar.ca.gov

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.

SOURCE: Board Committee on Regulation, Admissions and Discipline
DEADLINE: September 15, 2006 05:00 PM
CONTACT: Saida Salfiti
The State Bar of California Office of Admissions 180 Howard St.
San Francisco, CA 94105-1639
415-538-2184
415-538-2304 fax
admsf@calbar.ca.gov

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.

SOURCE: Board Committee on Regulation, Admissions and Discipline
DEADLINE: September 15, 2006 05:00 PM
CONTACT: Saul Bercovitch
The State Bar of California 180 Howard St.
San Francisco, CA 94105-1639
415-538-2306
415-538-2515 fax
saul.bercovitch@calbar.ca.gov

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.

SOURCE: Board Committee on Regulation, Admissions and Discipline
DEADLINE: September 19, 2006 05:00 PM
CONTACT: Jill Sperber
The State Bar of California 180 Howard St.
San Francisco, CA 94105-1639
415-538-2023
415-538-2335 fax
jill.sperber@calbar.ca.gov

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.

SOURCE: State Bar Special Commission for the Revision of the Rules of Professional
DEADLINE: October 16, 2006 05:00 PM
CONTACT: Audrey Hollins
The State Bar of California Office of Professional Competence, Planning and Development 180 Howard St.
San Francisco, CA 94105-1639
415-538-2167
415-538-2171 fax
hollins@calbar.ca.gov

Proposed Public Comment


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