Official Summary Text
AB 2784, as amended, Committee on Judiciary.
State Bar of California.
Existing law, the State Bar Act, provides for the licensure and regulation of attorneys by the State Bar of California, a public corporation governed by a board of trustees. Existing law requires the State Bar Court to order the involuntary inactive enrollment of a licensee whose default has been entered pursuant to the State Bar Rules of Procedure, as specified, if a notice containing certain language is duly served on the licensee.
This bill would delete the requirement that the notice contain certain language and would instead require the notice to contain specified provisions in clear, easily understandable language, in at least 12-point font, and in capital letters.
Existing law requires the State Bar to assist the Sections of the State Bar, as specified, to incorporate as a private, nonprofit
corporation, known as the California Lawyers Association (CLA), a voluntary association that is not part of the State Bar. Existing law authorizes the State Bar to assist the CLA in gaining appointment to the American Bar Association House of Delegates. Existing law requires the State Bar and the CLA to enter into a memorandum of understanding regarding, among other things, providing low- and no-cost mandatory continuing legal education (MCLE), expertise and information to the State Bar, and educational programs and materials to licensees and the public. Existing law requires the CLA to provide low-cost programs and materials by which licensees may satisfy their MCLE requirements. Existing law requires the State Bar to collect, in conjunction with collection of its annual license fees, membership fees for the California Lawyers Association if the Board of Trustees of the State Bar makes specified determinations.
This bill would delete those provisions. The bill
would instead authorize the State Bar to assist a voluntary association of attorneys in gaining appointment to the American Bar Association Houses of Delegates, and would authorize the State Bar to enter into a memorandum of understanding with a voluntary association of attorneys to provide low- and no-cost mandatory continuing legal education, expertise, and information to the State Bar, and educational programs and materials to licensees and the public. The bill would require a voluntary association of attorneys to provide low-costs programs and materials by which licensees may satisfy their MCLE requirements. The bill would make conforming changes.
Existing law authorizes the State Bar to establish an examining committee, also known as the Committee of Bar Examiners, and makes the Committee of Bar Examiners responsible for the approval, regulation, and oversight of degree-granting law schools that award the juris doctor (J.D.) professional degree in California,
including law schools that are not approved by the American Bar Association or the Committee of Bar Examiners.
This bill would prohibit any person or entity from referring to itself as a law school, or any similar name, in any firm name, trade name, fictitious business name, or on any advertisement, letterhead, business card, or sign, unless the person or entity awards the juris doctorate professional degree in California and is either approved by the American Bar Association, accredited by the Committee of Bar Examiners, or registered with the Committee on Bar Examiners.
Existing law requires licensees of the State Bar, limited liability partnerships, or law corporations registered with the State Bar to provide to the State Bar all requested information pursuant to a request made as part of a compliance review or investigative audit. Existing law makes that information exempt from disclosure under the California Public
Records Act.
This bill would make those provisions applicable to a request by the State Bar made as part of a disciplinary investigation.
Existing law, upon application by the State Bar and notice to the appropriate prosecuting authority, authorizes the superior court to grant immunity from criminal prosecution to a witness in any State Bar proceeding.
This bill would specifically authorize the superior court to grant immunity to the attorney who is the subject of the investigation.
Existing law, until January 1, 2027, requires the board to charge an annual license fee of up to $400 for active licensees for 2026. Existing law, except as specified, requires the board to charge
an annual license fee of up to $100 for inactive licensees.
This bill would require the board to charge an annual license fee of up to $400 for active licensees for 2027. The bill would require the board to charge an annual license fee of up to $100 for inactive licensees for 2027. The bill would also require the State Bar to permit attorneys to file for inactive status through December 31 of the calendar year prior to becoming inactive. The bill would repeal these provisions on January 1, 2028.
Existing law requires the board to administer a Client Security Fund to relieve or mitigate pecuniary losses caused by the dishonest conduct of licensees of the State Bar, among others. Existing law requires any licensee whose actions have caused the payment of funds to an applicant from the Client Security Fund to reimburse the Client Security Fund for all moneys paid out as a result of the licensee’s conduct, plus interest and
costs, as specified. Existing law requires the reimbursed amount, plus applicable interest and costs, to be added to the license fee of a publicly reproved or suspended licensee.
This bill would remove the limitation that those provisions are applicable only to publicly reproved or suspended licensees and would thereby require the reimbursed amount, plus applicable interest and costs, to be added to the license fee of any licensee required to reimburse the Client Security Fund. The bill would make a failure to pay the Client Security Fund as part of the license fee a basis for suspension from the practice of law and would make payment to the Client Security Fund a condition of transfer of a licensee’s status to an active status from a suspension, involuntary inactive enrollment, or voluntary inactive status.
Existing law requires the State Bar to provide offers of discounts and other benefits to licensees, including
insurance and noninsurance affinity programs. Existing law authorizes the State Bar, if approved by the board, to transfer administration of those programs to Cal Bar Affinity, and specifies the manner of distribution of the revenue received from insurance and noninsurance affinity programs.
This bill would instead authorize the State Bar, if approved by the board, to transfer financial administration of the programs offering discounts and other benefits to licensees to CalBar Connect, would require CalBar Connect to distribute revenue received from insurance and noninsurance affinity programs to California ChangeLawyers, and would require California ChangeLawyers to distribute a certain amount of that revenue in accordance with specified requirements.
Existing law, upon the payment of the annual license fee, including any required costs and penalties, as specified, requires the
board to direct the issuance of a certificate evidencing the payment to each licensee.
This bill would delete those provisions relating to the issuance of a certificate evidencing the required payment.
Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.
This bill would make legislative findings to that effect.