The State Bar seeks public comment on a proposal to amend Lawyer Assistance Program rules to update them and to change the form of financial assistance from a loan to a grant.
Deadline: September 27, 2024, 11:59 p.m.
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly.
The proposed draft changes are meant to reflect the programs and services the Lawyer Assistance Program (LAP) actually provides, simplify and ensure the rules are consistent with the authorizing statutes (Business and Professions Code sections 6230 et seq), and change the form of financial assistance available to monitored participants from a loan to a grant.
The Lawyer Assistance Program rules have not been updated in some time. Services and programs have evolved and the proposed changes are meant to reflect current programming. That includes eliminating some services that are no longer offered such as "Orientation and Assessment."
Further proposed changes are meant to simply the rules by limiting them to items that are appropriately codified in a rule including removing the actual eligibility guidelines for financial assistance and instead designating the Lawyer Assistance Program Oversight Committee with authority to establish guidelines for assistance and to make them publicly available.
The proposal would also change the form of financial assistance for monitored LAP participants from a loan to a grant.
Proposed rule amendments:
Proposed amendments to Rule 3.240 (Lawyer Assistance Program) The proposed amendments simplify the rule and set forth the authority under which LAP is established (Business and Professions Code sections 6230 et seq).
Proposed amendments to Rule 3.241 (Definitions)The proposed amendments create definitions for key terms used throughout the rules and eliminates language already governed by statute. Further, the language setting forth how the Board appoints a chair and vice-chair is moved to rule 3.242, which as proposed, discusses the committee itself.
Proposed amendments to Rule 3.242 (Lawyer Assistance Program Oversight Committee)The proposed amendments eliminate language that is unnecessary, redundant, or outdated because the requirements or authority is reflected in other rules or statutes and instead focus the rule on the authority given to the committee by statute and moves how the Board appoints a chair and vice-chair from existing rule 3.241.
Proposed amendments to Rule 3.243 (Confidentiality) The proposed amendments clarify that a participant can waive confidentiality to limited information by signing a waiver provided by LAP.
Proposed amendments to Rule 3.244 (Monitored LAP) The proposed amendments clarify who is eligible to participate in the Monitored LAP, broadly what services are provided in Monitored LAP, that the committee will establish minimum requirements to successfully complete Monitored LAP that will be available to participants upon enrollment, and when a participant may be terminated from Monitored LAP.
Proposed repeal of Rules 3.245 and 3.246 (Orientation and Assessment, Application) The proposed amendments would repeal these two rules to align with the processes reflected in the new proposed rules 3.244 and 3.245, addressing Monitored LAP and Support Services LAP, respectively.
Proposed amendments to Rule 3.247 (renumbered to Rule 3.245) (Support Services LAP)The proposed amendments serve to streamline the rules related to Support Services LAP.
Proposed repeal of Rules 3.248 - 3.250 (Monitored LAP, Completion of LAP)The proposed amendments would repeal these two rules as relevant portions are incorporated into proposed rule 3.244.
Proposed amendments to Rule 3.251 (renumbered to Rule 3.246) (Costs and Fees)Minor changes to this rule are sought to incorporate the term “Eligible Participant” — a term which is defined in the newly proposed rule 3.241.
Proposed amendments to Rule 3.252 (renumbered to 3.247) (Financial Assistance) The most significant amendments proposed to this rule are to change the form of financial assistance available to participants of Monitored LAP from a loan to a grant.
The LAP is currently projected to end 2024 with a reserve balance below the target set by the Board of Trustee's reserve policy. That will be true regardless of whether financial assistance is changed from a loan to a grant as the historical rate of loan repayments have been low and the State Bar does not have statutory authority to collect it or to send it to the Franchise Tax Board.
Board of Trustees, sitting as the Regulation and Discipline Committee
September 27, 2024, 11:59 p.m.