PUBLIC COMMENT

Bar circulates four issues


Temporary judges and judicial candidates

Issue: Draft rule of professional conduct submitted by the California Supreme Court regarding service as temporary judicial officer or candidacy for judicial office; and proposed new rules 1-700 (member as candidate for judicial office) and 1-710 (member as temporary judge, referee or court-appointed arbitrator) of the California Rules of Professional Conduct.

Source: State Bar Board Committee on Regulation & Discipline

Deadline: Jan. 20

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


Amendments to rules governing certification

Issue: 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)


Revisions to procedural rules regarding discipline

Issue: Proposed revisions to the Rules of Procedure to implement statutory changes made by AB 2787. Effective Jan. 1, 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


Mandatory fee arbitration

Issue: Implementation of amendments to the Business and Professions Code governing mandatory fee arbitration, effective Jan. 1. 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 client's 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

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