Attorneys and Related Services
AB 471 (Nava) Government representation. This bill would have made assorted non-substantive technical changes to existing law relating to the authority of state agencies to retain legal counsel and to use the services of the Attorney General, as well as changes to other statutes relating to the authority of the Attorney General. Status: Vetoed.
AB 940 (Judiciary) Attorneys: interest on lawyer trust accounts. This bill specifies that a financial institution other than a bank may hold an Interest on Lawyer Trust Account (IOLTA) and requires that financial institutions holding IOLTA accounts carry deposit insurance. This bill also requires attorneys to report to the State Bar their compliance with laws regulating IOLTA accounts. Status: Chapter 129, 2009.
AB 2766 (Judiciary) Attorneys. This bill would have corrected a technical error in existing law concerning lawyer trust accounts by replacing the word "in" with the word "on" with respect to interest-bearing lawyer trust fund accounts. Status: Dead, Senate Inactive file.
SB 877 (Harman) Arbitration: legal representation. This bill extends the sunset provision, until January 1, 2013, for the out-of-state attorney arbitration counsel program that authorizes attorneys admitted to practice in other states to practice law in California for the purpose of arbitration proceedings, despite lacking a license to practice in California. Status: Chapter 277, 2010.
SB 1038 (Harman) Powers of attorney: duties. The bill deletes an exemption in existing law that makes an attorney-in-fact not liable for losses to the principal's property when the attorney-in-fact is not compensated. Instead, this bill provides that a non-compensated attorney-in-fact may be held liable for breaches of duty, regardless of whether the breach was made in bad-faith or error, in an amount up to twice the value of the property recovered by an action to recover the property or for surcharge. This bill also authorizes the court, in its discretion, to excuse the attorney-in-fact from liability if the attorney-in-fact acted reasonably and in good faith under the circumstances known to him or her. Status: Chapter 48, 2010.
State Bar
AB 984 (Nava) State Bar of California: law school accreditation. As referred to this Committee, this bill would have required the board of governors of the State Bar to seek recognition by the Council for Higher Education Accreditation (CHEA) as an institutional accrediting organization, and to ensure compliance with council standards on accreditation, and would have required the Committee of Bar Examiners to establish an accreditation subcommittee to adopt policies and procedures for the accreditation of law schools. This bill was subsequently gutted and amended to address an unrelated subject. Status: Failed, Sen. Public Safety.
AB 2764 (Judiciary) The State Bar Act. This bill continues the State Bar's authority to assess and collect dues from licensed attorneys in California, and authorizes the Bar to continue to collect active membership dues of up to $410 for the year 2011, maintaining 2009 dues levels. The bill also requires the State Bar, commencing on or before February 1, 2011, to make available to the public, upon request, specified classification and compensation paid to its employees as well as other specified information relating to compensation and benefits. Status: Chapter 476, 2010.
SB 641 (Corbett) The State Bar Act. This bill would have continued the State Bar’s authority to assess and collect dues from licensed attorneys in California for 2010 in order to support the State Bar’s operations, including discipline. Status: Vetoed.