Nominations open for 2016 professional responsibility award

The State Bar of California is seeking nominations of California attorneys for the 2016 Harry B. Sondheim Professional Responsibility Award. The deadline for nominations is Aug. 31. The award will be presented at the 2016 Annual Statewide Ethics Symposium.

The Harry B. Sondheim Award recognizes a California lawyer, living or deceased, for outstanding long-term contributions to the advancement of attorney professional responsibility standards in California. The nomination form and additional information are available online.

For more information, contact Angela Marlaud, Angela.Marlaud@calbar.ca.gov or 415-538-2116.

New legislation affects immigration attorneys

Legislation that went into effect last month prohibits attorneys and immigration consultants from taking upfront fees for services related to President Obama’s executive actions on immigration.

AB 60, authored by Assemblywoman Lorena Gonzalez, D-San Diego, was approved by the California Legislature and went into effect when it was signed by Gov. Jerry Brown on June 17.

Gonzalez authored a 2013 law prohibiting advanced fees for immigration reform services to prevent immigrants from being scammed as Congress considered potential immigration reform measures. The new legislation was intended to clarify that the ban also applies to immigration services related to the president’s executive actions.

In addition to prohibiting advanced fees, the 2013 law also:

• Requires attorneys and immigration consultants to account for any money already accepted for immigration reform services and either refund the money or deposit it in a client trust account.
• Requires attorneys to inform clients receiving immigration reform act services where they can report complaints. A notice for attorneys to use has been posted on the State Bar’s website and is also translated into other languages, including Spanish and Chinese.
• Increases the amount of bond that immigration consultants must carry from $50,000 to $100,000 as of July 1, 2014.
• Prohibits the use of the term “notario,” which has been misconstrued as someone who is qualified to give legal advice.
• Provides that a person who violates the ban on the use of the term “notario” is subject to a civil penalty of up to $1,000 a day for each violation.

Serve on the California Bar Foundation board

The California Bar Foundation is accepting applications from attorneys, judges and members of the public who are interested in serving on its board.

The nonprofit is the center of philanthropy for the state’s legal profession, building a better justice system for all Californians by investing in grants, scholarships, public education and community collaboration.

The deadline for applications is Oct. 15. For more information, see the foundation’s website.

Legal ethics and technology resource page is online

The general Ethics Information page on the State Bar website has an area dedicated to attorney ethics ― a collection of resources that address professional responsibility issues raised by the use of websites, email, chat rooms and other technologies. The resources include advisory ethics opinions, articles and MCLE programs.

Most of the resources are internal links to other pages on the bar’s website and some are external links to local or specialty bar associations. The page is organized both by the type of resource (ethics opinion, article, etc.) and by subject matter (law firm websites, electronic files, social networking, etc.).

The service focuses on providing basic legal research leads on how the rules apply to new technologies rather than specific law office systems, hardware or software options. For the latter, the resources of the State Bar’s Law Practice Management & Technology Section can be considered.

Register a law corporation

Law corporations are required to register with both the California Secretary of State and the State Bar of California under Corporations Code Section 13404. Registration requirements are set forth in Business & Professions Code Sections 6160 and 6161.

Rules and application materials are available on the State Bar website. Information required to register a law corporation includes:

• Proof of registration with the Secretary of State
• Submission of bylaws and a sample share certificate containing the appropriate restrictions on share ownership
• A completed application that reports all the attorneys who are associated with the corporation
• Submission of the Guarantee for Claims in the appropriate amount
• A Declaration of Compliance with Rule 1-400

Limited Liability Partnerships providing legal services are also required to register with the State Bar. If not registered, attorneys should be particularly aware of California Corporations Code Section 16306(f), which specifically removes the protection from liability for claims based upon legal work.

Beforeregistering with the Secretary of State, be sure to check with the State Bar to determine if the entity name complies with rules and has not already been registered. Additional information is available at the Law Corporations page, LLP page or the Law Office Management page. For questions or help, send an email to LLP@calbar.ca.gov.

Create a surrogacy agreement

A sample “Agreement to Close Law Practice in the Future” is available on the State Bar website for attorneys who want to plan for the possibility they will not be able to continue to work. The sample agreement, available to all lawyers, spells out the responsibilities of the primary attorney and his or her successor in the case of death or incapacity.

If a lawyer designates a successor using the new sample contract, the designated surrogate goes to court for appointment as the practice administrator who can take control and dispose of the practice. A lengthy list of duties is part of the contract and includes the ability to open mail, become a signatory on bank accounts, notify clients and transfer files, pay bills and handle funds, and accept the original attorney’s clients and cases. The practice administrator also would have the power to sell the practice.

Feeling stressed? The Lawyer Assistance Program can help

Attorneys struggling to cope with the stress of a challenging economic environment, a health issue or a difficult employment situation are invited to contact the Lawyer Assistance Program (LAP), which now offers new support programs in addition to its traditional help with substance abuse and depression. Support is offered for issues like stress, relationship and personal problems, grief and anxiety.

The LAP is designed for attorneys who might wish to participate in a weekly group with other lawyers and would like the support of a mental health professional (group facilitator) or a trained peer counselor who is familiar with attorneys’ particular challenges.

The LAP also offers a free Orientation and Assessment (O&A) to any attorney who wants professional assistance to cope with personal or work problems, substance abuse, health or mental health issues. The O&A provides a confidential assessment completed by one of the LAP clinicians located throughout the state. Referrals to outside resources and an opportunity to participate in a LAP group for a short period of time also are provided. There is no fee for this service.

Interested attorneys should call 877-LAP-4-HELP (877-527-4435) or contact LAP@calbar.ca.gov. All calls are confidential.

Subscribe to the Daily News Digest

In between monthly issues of the Bar Journal, you can keep up with the major legal news of the day by visiting the new Daily News Digest on the Bar Journal’s home page. The State Bar’s Office of Communications scours the day’s news and culls top headlines of interest to legal professionals. You may also subscribe by visiting the Daily News Digest web page.

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Stay informed by following @StateBarCA on Twitter and the State Bar of California page on LinkedIn. We’ll give you a heads up about important regulatory information and let you know about other happenings at the State Bar or within the legal community. If you’re seeking information relevant to your particular practice area, the State Bar’s voluntary sections and the California Young Lawyers Association also have a presence on social media through Facebook, Twitter, LinkedIn and YouTube.

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