Proposed Amendments to the State Bar Rules, Divisions 1 and 3, Individuals not Members of State Bar.

The State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC) is charged with the task of issuing advisory opinions on the ethical propriety of hypothetical attorney conduct. In accordance with Tab 19, Article 2, Section 6(g) of the State Bar Board Book the Committee shall publish proposed formal opinions for a public comment period of no less than 60 days.

The Political Reform Act, Govt. Code §§ 81000 et seq., requires the State Bar to adopt a Conflict of Interest Code for officers, employees or consultants who, during the course of their work for the State Bar, either make or participate in the making of decisions that may have a material effect on their financial interests. The Act also requires regular revisions of the Conflict of Interest Code in order to keep it updated and current.

As part of the State Bar’s ongoing rule revision project, the State Bar rules for lawyer referral services have been revised. The nineteen Rules and Regulations of the State Bar of California Pertaining to Lawyer Referral services including Minimum Standards for Lawyer Referral Service in California were effective January 1, 1997 and have not been amended since then.

State Bar Rule 6.9 - California Young Lawyer Governor, Proposed Amendment

Proposed amendments to Division 8, Library Requirements contained in the Guidelines for Accredited Law School Rules

The JNE Process Review Committee (“Committee”) was formed to review the rules and procedures governing the Commission on Judicial Nominees Evaluation (“JNE”) and make recommendations for improvements.

The State Bar of California publishes “Sample Written Fee Agreement Forms” for members of the bar to provide them with guidance on writing enforceable fee agreements that comply with the applicable statutes. The sample fee agreement forms were last revised in March 2010 to provide members with sample disclosure language to comply with recently enacted Rule of Professional Conduct 3-410 [duty to inform client if member lacks professional liability insurance].

The Immigration and Nationality Law Advisory Commission (Commission) noted that attorneys who practice immigration and nationality law tend to focus on either employment-based immigration cases or removal (deportation) and family-based immigration cases.

Rule 9.30, California Rules of Court, (Attachment 1) establishes the basic requirements for students attempting to qualify for admission to practice law in California through their study at unaccredited law schools in California, which are not approved by the American Bar Association or accredited by the Committee of Bar Examiners (Committee). While the numbering has changed, the rule has not substantively been amended since 1984.

The Rules of Professional Conduct of the State Bar of California are attorney conduct rules the violation of which will subject an attorney to discipline. Pursuant to statute, rule amendment proposals may be formulated by the State Bar for submission to the Supreme Court of California for approval. The State Bar has assigned a special commission to conduct a thorough study of the rules and to recommend comprehensive amendments.

In March 2010, revised law corporations rules 3.150 - 3.161 were adopted by the Board of Governors, subject to approval by the Supreme Court, without inclusion of provisions for nonprofit public benefit law corporations. At the time, it was not known whether the Supreme Court would act on recommendations made in a report submitted by the State Bar pursuant to instructions stated in Frye v. Tenderloin Housing, Inc.,(2006) 38 Cal.4th 23, at p. 50. It is now known that the Court does not intend to

Proposed amendments to Division 8, Library Requirements

The State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC) is charged with the task of issuing advisory opinions on the ethical propriety of hypothetical attorney conduct. In accordance with Tab 19, Article 2, Section 6(g) of the State Bar Board Book the Committee shall publish proposed formal opinions for a public comment period of no less than 60 days.

The State Bar Standing Committee on Professional Responsibility and Conduct (COPRAC) is charged with the task of issuing advisory opinions on the ethical propriety of hypothetical attorney conduct. In accordance with Tab 19, Article 2, Section 6(g) of the State Bar Board Book the Committee shall publish proposed formal opinions for a public comment period of no less than 60 days.

Effective January 1, 1986, this Board adopted the Standards for Attorney Sanctions for Professional Misconduct (Rules of Procedure of the State Bar, title IV; hereinafter “Standards”). They have been a great success.

Under the California Political Reform Act (the "Act"), all public agencies, including the State Bar, are required to adopt a conflict of interest code (code). A code designates positions required to file Statements of Economic Interests, and assigns disclosure categories specifying the types of interests to be reported.

Based upon a national review of certification by the American Bar Association (ABA) when it began accrediting specialty certification programs following the Peel decision in 1991, the ABA determined that all accredited programs should contain an examination component.

In 2006, the State Bar undertook a rules revision project to integrate the organization’s more than two dozen sets of rules into a comprehensive structure of seven titles and to make the rules simpler, clearer, and more uniform. The Rules of Procedure of the State Bar were originally adopted by the Board of Governors in 1989 to provide both procedural and substantive requirements for cases in the State Bar Court.

In March 2010, the Board of Governors approved revisions to the State Bar’s Model Rules of Procedure for Fee Arbitrations. California’s 45 local bar fee arbitration programs are encouraged, though not required, to adopt the Model Rules to ensure that programs are in compliance with State Bar’s Guidelines and Minimum Standards for the Operation of Mandatory Fee Arbitration Programs (“Minimum Standards”) and the law.

The Rules of Professional Conduct of the State Bar of California are attorney conduct rules the violation of which will subject an attorney to discipline. Pursuant to statute, rule amendment proposals may be formulated by the State Bar for submission to the Supreme Court of California for approval. (See Bus. & Prof. Code Section 6076.)

The 23 members of the Board of Governors include 15 lawyer-members who are elected from 9 State Bar Districts. The Legislature established this structure for the election of the lawyer-governors in 1933. (Stats. 1933, ch. 430, § 1, pp. 1087-1088.)

The State Bar of California publishes "Guidelines and Minimum Standards for the Operation of Mandatory Fee Arbitration Programs" ("Guidelines") for local bar association programs that offer mandatory fee arbitration for clients and attorneys to resolve disputes as to attorney's fees and costs. Currently, 44 such local bar programs exist in California. The Guidelines and Minimum Standards provide these local bar programs with standards for operating a mandatory fee arbitration program that comply

Business and Professions Code section 6200, et seq. governs the Mandatory Fee Arbitration (MFA) Program. Mandatory Fee Arbitration programs are required by statute to deliver to the parties with any fee arbitration award a notice advising them of their rights to judicial relief following the arbitration proceeding. The State Bar's Committee on Mandatory Fee Arbitration (MFA Committee) makes recommendations to the Board of Governors to approve revisions, as warranted, to the Notice of Your Rights

The Rules of Professional Conduct of the State Bar of California are attorney conduct rules the violation of which will subject an attorney to discipline. Pursuant to statute, rule amendment proposals may be formulated by the State Bar for submission to the Supreme Court of California for approval. The State Bar has assigned a special commission to conduct a thorough study of the rules and to recommend comprehensive amendments.

In November 2006, the Board of Governors approved the State Bar’s Model Rules of Procedure for Fee Arbitrations. California’s 45 local bar fee arbitration programs are encouraged, though not required, to adopt the Model Rules to ensure that programs are in compliance with State Bar’s Guidelines and Minimum Standards for the Operation of Mandatory Fee Arbitration Programs (“Minimum Standards”) and the law.

As part of the State Bar's ongoing rule revision project, the State Bar rules for law corporations have been revised. The original Law Corporation Rules of The State Bar of California were adopted by the Board of Governors in 1968 and have since been amended, most recently in 1994.

As part of the State Bar's ongoing rule revision project, the State Bar rules for limited liability partnerships have been revised. The original Limited Liability Partnership Rules and Regulations were adopted by the Board of Governors in 1995 and since amended in 1997 and 2000.