Two last minute additions to the agenda of the Board Operations Committee of the the California State Bar Board of Trustees seek Board approval of AB 1515 (Gonzalez), which would require California lawyers to place advanced fees into trust, and AB 852 (Dickinson) which would allow the State Bar to obtain a civil fine against those engaged in the unauthorized practice law. Continue reading
The State Bar of California
Chief Trial Counsel Says No to Nolo
Chief Trial Counsel Jayne Kim
Perhaps no government agency in California has been as studied as often as the State Bar of California. Many of those studies gather dust on the bookshelves of the State Bar library, such as the study conducted by the eminent John Berry and the ABA in 2000 that recommended exclusive control of the discipline process by the Supreme Court.
A few of these innumerable studies have led to substantial and meaningful change. Continue reading
State Bar Court Judge Remke Named Head of California FPPC
- Judge Remke and Judge Patrice McElroy with Ron George
The Los Angeles Times has the story, although they called her “Jodi” Remke, as did the Sacramento Bee. But blame it on Moonbeam’s office; they got it wrong in the press release!
She’ll be a tough act to follow.
Judge Remke took over the Presiding Judge Continue reading
Dan Walters on “State Bar Power Grab”
Dan Walters, the Sacramento Bee’s longtime political reporter, has a story regarding an some interesting legislative legerdemain exhibited by the State Bar of California.
Last year it sponsored AB 888 (Dickinson), a bill that would have allowed the State Bar to recover a civil penalty of $2,500 in enforcement actions enjoining the unauthorized practice of law (Bus. & Prof. Code section 6125 et seq.) The bill was designated “urgency legislation.” Continue reading
Left Hand, Meet Right Hand. You Need to Talk
Assembly Bill 1515 (Gonzalez – San Diego) was amended effective 3/20/14 to add new section 6068(p) to the Business and Professions Code which would require an attorney to deposit advanced fees into a client trust account and withdrawn them only Continue reading
Jensen a Snapshot of the Discipline Times
Every so often a case will a come along that perfectly captures the state of things in a particular domain with photographic accuracy. The peculiar domain of California State Bar discipline got its snapshot this week with the publication of In the Matter of Jensen.
Attorney Jensen plead nolo to one count of misdemeanor child endangerment after he left his nine-month-old daughter in a crib in a hotel room for at least 40 minutes while he took his toddler son for a walk. The conviction was referred to the State Bar for discipline proceedings. Mr. Jensen had two prior disciplines, a 90-day stayed suspension in 2007 and a 30-day actual suspension in 2010.
Former Standard 1.7(b) provided the sanction on the third discipline “shall be disbarment” unless the most compelling mitigating circumstances clearly predominate.” The “three strikes” rule is one of those rules more honored in the breach (e.g. Arm v. State Bar (1990 50 Cal.3d 763 and many others) and was extensively revised in new Standard 1.8(b) which became effective January 1, 2014. The new Standard provides that disbarment is “appropriate” where (1) actual suspension was previously imposed (2) the new third discipline involves a pattern of misconduct; or (3) all three disciplines demonstrate an “unwillingness or inability to comply with ethical responsibilities.” Continue reading
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