State Bar circulates 6 proposals

Fee arbitration procedures

Would amend rules 15 and 19 of the State Bar's fee arbitration rules to comply with new specifications in the Guidelines and Minimum Standards for the Operation of Mandatory Fee Arbitration Programs that require filing fees and refund policies to be included in fee arbitration rules of procedure.

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

Deadline: Sept. 3

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

Fee arbitration rights

Would amend Notice of Your Rights After Fee Arbitration form to comport with Code of Civil Procedure §116.220 which was amended last year to permit small claims courts to confirm, correct or vacate a fee arbitration award and to conduct a trial after a non-binding mandatory fee arbitration proceeding if the fees in dispute are less than $5,000.

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

Deadline: Sept. 3

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

Admission to practice law

The majority of the proposed amendments are editorial in nature and are intended to clarify and simplify the process by which applicants establish eligibility for admission to practice law in California. The few substantive proposed changes include: 1) changing the method for establishing eligibility to take the Attorneys' Examination from having to prove that one has been "actively" practicing law to providing evidence of admission in good standing from the jurisdiction in which the attorney is admitted for four of the last six years; 2) requiring law schools to certify that their students have satisfied the pre-legal education requirements in lieu of the admissions staff having to make that initial determination; 3) simplifying the language concerning residence hours of law study so that the burden falls on the law schools to certify that applicants have met the minimum legal education requirements required by statute; 4) restricting out-of-state attorneys who are disbarred or suspended from filing a moral character determination application; and 5) requiring those who study law in a law office or judge's chambers to pay a fee for participation in the program.

Source: State Bar Board Committee on Admissions & Competence and State Bar Committee of Bar Examiners

Deadline: Sept. 3

Contact: Gayle Murphy, Office of Admissions, 555 Franklin St., San Francisco 94102-4498; 415/561-8322

Unauthorized law practice

Proposed statutory amendments to the Business & Professions Code would enhance State Bar's ability to enforce existing statutes prohibiting the unauthorized practice of law. Amendments would enable law enforcement agencies to charge UPL as a felony or misdemeanor; add penalties to civil injunctive actions regarding UPL; and facilitate the inactive enrollment of attorneys aiding and abetting UPL.

Source: State Bar Board Legal Committee and Committee on Discipline

Deadline: Sept. 3

Contact: Mary Yen, Senior Trial Counsel, Enforcement Unit, 555 Franklin St., San Francisco 94102-4498; 415/561-8258

Duty of confidentiality

Proposed new rule 3-100 of the California Rules of Professional Conduct would provide that a member shall not be subject to discipline for revealing confidential information relating to the representation of a client to the extent that the member reasonably believes the disclosure is necessary to prevent the client from committing a criminal act likely to result in death or substantial bodily harm. The goal is to clarify a member's absolute duty of confidentiality under Business & Professions Code §6068 (e) with recently enacted Evidence Code §956.5.

Source: State Bar Board Committee on Admissions & Competence

Deadline: Sept. 9

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

Targeted 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 Floor, San Francisco, CA 94102-5238; 415/241-2157