State Bar circulates five issues

Proposed revisions to rules governing six of the programs administered by the State Bar's Office of Certification. The programs include Minimum Continuing Legal Education, Legal Specialization (including standards in all eight specialty areas), Law Corporations, Limited Liability Partnerships, Registered Foreign Legal Consultants, and Practical Training of Law Students.

Source: State Bar Committee on Regulation & Discipline

Deadline: Feb. 20

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

Proposed revisions to the Rules of Procedure to implement statutory changes made by AB 2787. Effective Jan. 1, 1997, the bill amends the Business & Professions Code. The proposed changes in the procedural rules would permit acceptance of nolo contendere pleas to disciplinary charges (rules 103, 131-133 and 135); would place respondents on inactive status when disbarment recommendations are made (rules 220, 305, 460, 461 and 490), would place respondents on inactive status when their default is entered by State Bar Court (rules 101, 500, 503 and 504); and would require suspended respondents to pay disciplinary costs before returning to active practice unless granted an extension (rule 282).

Source: State Bar Committee on Regulation & Discipline

Deadline: Feb. 20

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

Implementation of amendments to the Business & Professions Code governing mandatory fee arbitration, effective Jan. 1, 1997. The proposed amendments to the guidelines and minimum standards would require that the responsibility notice also be served on the attorney before the dispute has gone to mediation and that specific language be included in all mediated agreements. The proposal would amend minimum standard III.3 to conform to the statutory amendment giving parties the opportunity to disqualify a mediator; amend the notice of clients' right to arbitration to be used when the attorney is initiating arbitration through another arbitration program; and amend notice of attorney responsibility form to advise attorneys that they may be placed on temporary inactive status for failing to comply with either an award or mediated agreement in which the client is to receive a refund.

Source: State Bar Committee on Mandatory Fee Arbitration

Deadline: Feb. 24

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

Proposed amendments to rules 1110, 1223, 1224, 1230, 1233 and 1234 of the Rules of Practice of the State Bar Court would (1) absent permission of the court, limit the length of briefs in the hearing department to 15 pages; (2) require the parties to submit a list of proposed trial exhibits in a separate document, along with the pre-trial statement; (3) require the personal attendance of the respondent attorney and trial counsel for both parties at the settlement conference; (4) require the parties to meet and confer prior to the settlement conference; and (5) require the parties to lodge a settlement conference statement with the court at least five days prior to the settlement conference.

Source: State Bar Court executive committee

Deadline: March 4

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

Amend rule 300 of the Rules of Procedure of the State Bar to clarify the requirements for interlocutory review and the authority of the review department to summarily deny interlocutory review requests in appropriate circumstances.

Source: State Bar Court executive committee

Deadline: March 11

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