Proposed Revisions to the Rules Governing the Client Security Fund

Proposed Revisions to the Rules Governing the Client Security Fund

This proposal would revise the Client Security Fund (CSF) rules to allow the CSF Commission to delegate the authority for Tentative Decisions to Fund Counsel, and focus its review on those applications in which objections to the Tentative Decision have been filed.The revisions also reduce the size of the Commission from seven to five members to address the reduced workload.

Deadline: March 15, 2019

Background

In September 2018, the Board of Trustees approved recommendations regarding the number, size, organizational structure, and functions performed by many of the committees, commissions, boards, and councils that support the work of the State Bar, also known as the “sub-entities.”

Discussion

The revisions to the rules governing the Client Security Fund include changes necessary to comport with the Board of Trustee’s decision to have the CSF Commission act as an “appellate” body, meaning that the Commission will delegate authority for making Tentative Decisions to Fund Counsel and will focus its review on those applications in which objections to the Tentative Decisions are filed.The revisions also implemented the decision to reduce the size of the Commission from seven to five members to address the reduced workload.

Proposal

Revisions to the rules governing the Client Security Fund necessary to comport with the Board of Trustee’s decision to have the CSF Commission act as an “appellate” body are found in Rules 3.441(B)-(F); 3.443 (A) and (D). The revisions which reduce the size of the Commission from seven to five members are found in Rule 3.421(A). Additional revisions include changing the word “member” to “licensee” to reflect changes in the regulatory functions of the State Bar (Rules 3.420(A); 3.421(A); and 3.421(C)); changing “Director” to “Manager” of Office of CSF in order to be consistent with revised titles (Rules 3.421(C); 3.442(A) and 3.442(A)(4); and, adding Fund Counsel to the rules that pertain to decisions to deny or limit reimbursement (Rules 3.430(D); 3.435; and 3.436(B). Non-substantive clean up revisions are found in Rules 3.421(C); 3.435; 3.441(C); 3.442(A)(2); 3.442(A)(4); 3.442(F); 3.442(F); 3.443(B); 3.445 B); and 3.461(C).

Any fiscal/personnel impact

To the extent that the CSF Commission is reduced in size, modest cost savings will be realized.

Background material

Agenda Item

Source

Board of Trustees

Deadline

March 15, 2019

Direct comments to

Greg Shin
Special Projects Liaison
Admissions
State Bar of California
845 S. Figueroa St.
Los Angeles, CA 90017
Phone: 213-765-1000
Email: Greg.Shin@calbar.ca.gov